Org. of the state - separation of powers

Question 1

what is the executive?

Answer 1

they include the execution of law and policy, maintenance of public order, management of Crown property etc.

Question 2

overlapping roles of government and parliament

Answer 2

• Senior government ministers are, by convention, also Members of Parliament
• Parliament, through enactment of primary legislation, confers power on government.

Question 3

under which authority does the executive carry out legislative functions?

Answer 3

primary legislation

Question 4

3 levels of delegation which determine the level of scrutiny given to delegated legislation

Answer 4

1. no scrutiny
2. negative instruments
   - can become law without debate or vote of parliament
3. affirmative instruments
   - cannot come into effect until both Houses have approved a draft Statutory Instrument in a vote

Question 5

Role of Attorney General

Answer 5

sits in Cabinet as chief legal adviser to the government AND decide whether to bring a prosecution in individual cases.

Question 6

Role of Lord Chancellor

Answer 6

government minster with the responsibility for the administration of justice/ court system.

role was also reorganised to remove overlaps with the office’s legislative and judicial functions.

Question 7

Which one of the following statements is INCORRECT?

A. Secondary legislation can also be referred to as delegated or subordinate legislation.

B. If the government does not have the power from a primary Act of Parliament to make secondary legislation, it can be said to have acted ultra vires and therefore unlawfully.

C. The affirmative resolution procedure represents the weakest form of scrutiny of secondary legislation available in Parliament.

D. Several thousand statutory instruments are made by the government each year.

E. Secondary legislation often takes the form of statutory instruments.

Answer 7

C

Question 8

In order for the judiciary to be insulated from political influence, it must be ..

Answer 8

independent from the government

Question 9

what are the 2 exceptions to when judges have the power to scrutinise proceedings in Parliament or review primary legislation?

Answer 9

1. where the Act is inconsistent with EU law
2. if the Act of Parliament is incompatible with ECHR, the court may make a declaration to that effect pursuant to the HRA 1998.