separation of power

Question 1

What is the doctrine of Separation of Powers (SOP)?

Answer 1

The doctrine of Separation of Powers divides government into three organs: the legislature (makes laws), the executive (implements laws), and the judiciary (interprets laws) to prevent the concentration of power in one body.

Question 2

Who is considered the founder of the Separation of Powers concept?

Answer 2

The concept was first outlined by Aristotle and later developed by Montesquieu in his 1748 work, The Spirit of the Laws.

Question 3

Who makes up the House of Commons?

Answer 3

The House of Commons is made up of elected Members of Parliament (MPs) representing constituencies, with elections held every 5 years.

Question 4

What is the role of the Legislature in the Separation of Powers?

Answer 4

The Legislature is responsible for making laws. It consists of the House of Commons, House of Lords, and the Crown.

Question 5

What is the composition of the House of Lords?

Answer 5

The House of Lords includes life peers, a minority of hereditary peers, and bishops and archbishops of the Church of England.

Question 6

What is the Executive in the UK government, and what does it do?

Answer 6

The Executive implements and enforces laws and consists of the Crown, Prime Minister, Cabinet, Civil Service, armed forces, and police.

Question 7

What is the relationship between the Prime Minister and Parliament?

Answer 7

The Prime Minister and most ministers are members of Parliament (House of Commons), creating an overlap between the executive and legislative branches.

Question 8

Who makes judicial appointments in the UK?

Answer 8

Senior judicial appointments are made by the Crown, and the Lord Chancellor appoints members to the Judicial Appointments Committee.

Question 9

What is the significance of the Constitutional Reform Act 2005?

Answer 9

The CRA 2005 reduced the powers of the Lord Chancellor, removed their role as the head of the judiciary, and established the Judicial Appointments Committee to ensure judicial independence.

Question 10

What was the role of the Lord Chancellor before the Constitutional Reform Act 2005?

Answer 10

The Lord Chancellor was the head of the judiciary, a member of the cabinet, and the Speaker of the House of Lords, creating significant overlap between the branches of government.

Question 11

What was the House of Lords before the CRA 2005, and how did it change afterward?

Answer 11

Before the CRA 2005, the House of Lords was the highest court in the land and part of the legislature. Post-CRA, the Supreme Court of the UK was established, separating its judicial functions.

Question 12

What is the significance of the M v Home Office (1993) case?

Answer 12

This case highlighted the conflict between the judiciary and executive when the Home Secretary was held in contempt of court for deporting a Zairan national despite a court order preventing it.

Question 13

What is the Associated Provincial Pictures v Wednesbury Corporation (1948) case known for?

Answer 13

It established the “Wednesbury unreasonableness” test, determining if a decision made by an authority is so unreasonable that no reasonable authority would have made it.

Question 14

What is the Ex Parte World Development Movement (1994) case about?

Answer 14

The UK government funded a hydroelectric project in Malaysia, despite concerns over economic viability. The High Court ruled the assistance unlawful, highlighting judicial review’s role in holding the executive accountable.

Question 15

What was the legal issue in RvR (1991)?

Answer 15

The House of Lords ruled that a husband could be guilty of raping his wife, overturning a long-standing law that a wife consented to intercourse upon marriage.

Question 16

What principle was upheld in the Ex Parte Pinochet (1999) case?

Answer 16

The case reaffirmed the need for judicial independence, as one of the judges had a conflict of interest (his wife was a member of Amnesty International), leading to a retrial.

Question 17

What is Judicial Independence, and why is it important?

Answer 17

Judicial independence ensures that judges are impartial and free from external influences, particularly from the executive and legislature, so they can fairly interpret the law.

Question 18

How did the Constitutional Reform Act 2005 affect judicial appointments?

Answer 18

The Act established the Judicial Appointments Committee to independently oversee the appointment of judges, ensuring judicial impartiality.

Question 19

What role does the Judiciary play in Separation of Powers?

Answer 19

The judiciary interprets and applies the law, ensuring that government actions comply with legislation and the constitution.

Question 20

What is the House of Commons Disqualification Act 1975?

Answer 20

It disqualifies judges from standing for election in the House of Commons, reinforcing the separation between the judiciary and legislature.

Question 21

What overlap exists between the executive and legislature in the UK?

Answer 21

Ministers, including the Prime Minister, are members of Parliament, creating an overlap between the executive (who execute laws) and the legislature (who make laws).

Question 22

What is delegated legislation, and why does it create an overlap between the executive and legislature?

Answer 22

Delegated legislation allows Parliament to delegate law-making authority to the executive for drafting detailed regulations, freeing Parliament from scrutinizing minor legislative details.

Question 23

What is the Wednesbury unreasonableness test?

Answer 23

It is a legal standard used to determine whether a public authority has made a decision that is so unreasonable no reasonable authority could have made it, established in Associated Provincial Pictures v Wednesbury Corporation (1948).

Question 24

What is the role of the Supreme Court of the United Kingdom post-CRA 2005?

Answer 24

The Supreme Court replaced the judicial functions of the House of Lords, ensuring a clearer separation between the legislature and judiciary.

Question 25

What was the issue in M v Home Office (1993), and what does it illustrate about the judiciary’s power?

Answer 25

The Home Secretary defied a court order, and the judiciary held the Home Secretary in contempt of court, illustrating that even government ministers must comply with judicial decisions.

Question 26

How does judicial review function in the Separation of Powers?

Answer 26

Judicial review allows courts to assess whether executive decisions are lawful, ensuring that the executive does not overstep its legal boundaries.

Question 27

What is the importance of judicial independence in the Separation of Powers?

Answer 27

Judicial independence ensures that the judiciary remains impartial, free from influence by the executive or legislature, and can interpret the law fairly.

Question 28

What is the significance of Ex Parte Pinochet (1999) for judicial independence?

Answer 28

The case highlighted the importance of avoiding conflicts of interest in the judiciary, leading to a retrial when a judge’s impartiality was questioned due to his affiliations.

Question 29

Why was the Constitutional Reform Act 2005 introduced?

Answer 29

To address the criticisms of overlapping powers in the UK government, particularly the conflicting roles of the Lord Chancellor, and to enhance the independence of the judiciary.

Question 30

What was the traditional role of the Lord Chancellor before the CRA 2005, and why was it criticized?

Answer 30

The Lord Chancellor was head of the judiciary, a member of the Cabinet, and Speaker of the House of Lords, creating a significant overlap between all three branches of government.