S3: SOP- How are powers allocated and why ?

Question 1

What are the core doctrines needed for an “ideal situation ?

Answer 1

SOP
ROL
Parl Sov

Question 2

An earlier history on separation of powers ?

Answer 2

Earlier, it was believed all powers of the government should be given to one place so the monarch. Montesquieu later developed an idea which formed the three key branches of state which include:

• Executive- Executive public resolutions
• Legislature: Make the Laws
• Judiciary: Judge the disputes and provide independent advice

In summary, no branch should be capable of exercising more power than the other, it should be spread equally amongst the three branches.

Question 3

Why are powers separated ?

Answer 3

• “It’s highly necessary for preserving the balance of the constitution…The total union of them, we have seen, would be productive of tyranny”
• “All would be lost if the same man or same body…exercised these powers”.
• It provides accountability
• However, it can’t be a complete separation; functions must overlap to allow for checks and balances
• There is dispute over what the separation looks like in the UK

Question 4

The Executive Government

Answer 4

• A body within the state who is in charge of making the core decisions and taking the reins and being in control making decisions on behalf of everyone
• The executing public resolutions/ administering the law
• The dominant institution to which the other two institutions react
  Examples:
• PM
• Monarch
• MoP

Question 5

What are the key roles of the executive ?

Answer 5

• Implementation of laws
• Managing public services- funding
• International Affairs-Treaty signings i.e. trade unions

Question 6

Parliament (Legislature)

Answer 6

• Make legislation
• Scrutinise the executive
• When it comes to making laws, if we have a strong majority, ultimately the govt are the ones that get to decide which laws go through.
  Examples include:
• HOL’s have a hand in helping the HOC in making + shaping the law
• HOC- elected/ HOL’s- hereditary appointed

Question 7

What are the key roles of the Legislature ?

Answer 7

• Making legislation-creation of laws/modifying laws
• Debating on certain issues
• Scrutinise actions of executive

Question 8

Judiciary

Answer 8

• They judge dispute meaning interpreting the law and resolving legal matters
• Judges should be free to apply and interpret the law free from any kind of political persuasion (should be objective)
• Lord Steyn quotes it’s: ‘The weakest and Least Dangerous Branch of Government’
• In terms of parliament, it’s stated that the judicial branch is overpowered by parliament because courts have to accept parliamentary sovereignty.
• The judiciary has to remain separate since the legislation of the HRA 1998
  Examples:
• Judges
• Courts

Question 9

What are the key roles of the judiciary ?

Answer 9

• Implementation of laws
• Judicial review – Hold PM to account

Question 10

According to Montesqieu, what do we need to have to preserve the separation of powers ?

Answer 10

Parliament- to balance it: This includes democracy, accountability,consensus and scrutiny
Different functions