Doctraine Of Sop Flashcards
How does it aim to avoid an oppressive government
3 separate arms of state
Arms of state of separate personnel
No one should work in more than one arm at any time
What century
18th
What does complete sop lead to
Deadlock with each arm Challenging each other which leads to paralysis
How is it made that the arms cooperate
Checks and balances which avoids oppression
How is the uks sop
Three separate arms with some overlap
Who overlaps in all3
Queen
How do government ministers Cause overlap eg Home Secretary
Most in legislature as member or parliament but part of executives because of their role as a minister
Who is also involved in 3
Lord chancellor.
How is Lord chancellor in all 3
MP so In legislature, minister of justice so in executive and responsible for operations of courts judiciary
What has been done to try and reduce overlap
Constitutional reforms
How has the constitution reform act stopped the judiciary breaking sop
The judiciary no longer allowed in House of Lords (legislature) but now sit in the Supreme Court so not in legislature
How has the constitutional reform stopped Lord chancellor
No longer the head of the judiciary and powers have been reduced within the judiciary under the conditional reform act and crime and courts act
However Lord chancellor is still part of judiciary how
He is minister of justice executive so is in charge of courts so can pressurise judiciary despite not being part of it
How do judges break sop by going into legislature
Statutory interpretation and create law through original precedent
What do judges check our laws for compatibility with
European convention on human rights
