Organisation of the state- Separation of Powers Flashcards
What is the separation of powers?
three organs of state- the judiciary, executive and parliament should be separated into different bodies or persons.
what is the role of the three organs in making laws?
executive- government proposes legislation to be considered by Parliament and drafts secondary legislation.
legislature- decides whether executive proposals become law.
Judiciary- interprets Parliament’s intentions in making legislation and develops the common law.
what is a fusion of powers?
between the legislature and the executive. given that the senior members of government form part of Parliament.
what secondary legislation do the executive create?
mostly in the form of statutory instruments.
what is intra vires?
every delegated or subordinate power must be exercised within the power granted.
what are negative and affirmative instruments?
negative- can become law without a debate or vote in parliament.
affirmative- cannot come into effect until both Houses have approved a draft SI in vote.
who is the attorney general>
sits in cabinet as the chief legal advisor to the government. also has a role in bringing a prosecution in individual cases.
what act set up the independent Judicial appointments commission?
Section 6 of Constitutional reform act. solely based on merits and good character.
what is security of tenure?
judges hold office during good behaviour and may only be dismissed by the monarch following an address presented by both house of Parliament.
are judges immune from civil actions?
YES.
what are the two purposes of judicial review?
- to prevent abuse of power by the executive.
- to uphold individual rights.
what is judicial review?
examines the legality of a decision- whether it was made within the powers granted to the decision-making body, following correct procedure and law, not its merits.
can judges scrutinise proceedings IN pARLIAMENT?
no, UNLESS
- an act was inconsistent with EU law or is with retained eu law.
- if the act is incompatible with the ECHR.
enforcement of court orders against executive?
court injunctions can be granted against executive officers even if acting in their official capacity.
what did the acts of union 1801 do?
bring together England, Wales, Scotland and Ireland to creating United Kingdom of Great Britain and Ireland.
what is devolution?
grant, by the Parliament of the United Kingdom, of legislative powers to the devolved legislatures and administrations= scottish parliament and government, national assembly for Wales and Welsh government, the Northern Ireland Assembly and northern ireland executive.
what is devolved legislation?
legislation produced by the three devolved Parliament’s or Assemblies of Scotland, Wales and N.Ireland.
It has the characteristics of primary legislation produced by the Westminster Parliament but it cannot be created without the enabling powers of an Act of the UK parliament.
what are devolved matters and reserved matters?
devolved- areas of government where decision making has been delegated by the UK parliament to a devolved administration.
reserved matters- decisions still taken by Parliament at Westminster.
if devolved, must recieve assent of other governments before passing.
what is the memorandum of Understanding 2012?
series of non-legally binding principles which underlie relations between administrations of scottish and welsh ministers, uk government and NI executive committee.
devolution in scotland?
general rule is that Acts of UK Parliament extend to Scotland only if they deal with non-devolved or reserved matters such as immigration.
UK is not explicitly prevented with legislating with regard to devolved matters without Scottish consent.
devolution in Wales?
acts of parliament will only apply to Wales if they deal with reserved matters.
devolution in NI?
same as Scotland and Wales.
Uk pARLIAMENT may legislate on devolved matters.
Role of the Supreme Court with devolution.
Final court of appeal for civil cases in the United Kingdom.
One of the key roles is to resolve questions of whether legislation by the devolved administrations goes beyond the scope of their legislative competence.
does the devolved legislation fall within reserve matters that are outside the competence of the devolved administration?
what are some examples of devolved powers?
- agriculture.
- benefits.
- economic development.
- education and training.
- elections to Scottish parliament and local government.
- environment.
- fire services.
- freedom of information.
- health and social services.
- housing.
- local government.
- planning.
- sport and the arts.
- tourism.
what are some examples of reserved powers?
- betting and gambling.
- broadcasting.
- consumer protection policy.
- currency.
- defence and national security.
- energy.
- elections to UK parliament.
- financial services.
- foreign affairs.
- immigration.
- postal service.
