Constitutional - Separation of Powers

Question 1

R (on the application of Anderson) v Secretary of State for the Home Department

Answer 1

Sentencing of offenders should not be carried out by a member of the Executive with political powers (step towards increased separation between judiciary and executive).

Courts will make a declaration of incompatibility where domestic legislation is incompatible with EU law.

Question 2

Case of Proclamations (1611)

Answer 2

King tried to use Royal Proclamations to prohibit construction of new houses in London; Chief Justice and judges proclaimed the King could not create new prerogative powers for himself.

Courts have played an active role in deciding the extent of the Royal Prerogative.

Question 3

BBC v Johns (1965)

Answer 3

BBC claimed that the Crown had a prerogative power to regulate broadcasting which manifested itself in the BBC’s Royal Charter and that was therefore entitled to rely on the Crown’s exemption of income tax; attempt to widen Crown exemption rejected; Crown could not extend scope of an existing Royal Prerogative.

Courts have played an active role in deciding the extent of the Royal Prerogative.