Separation of Powers

Question 1

Separation of Powers function

Answer 1

Opposes concentration of State Power in a single group/person

Question 2

What branches are separated?

Answer 2

Legislative: passing laws - legally unchallengeable right of Parliament
Executive: day-to-day application of policies in accordance with powers conferred by law
Judicial: interpreting/reviewing application of law - ensure law is obeyed.

Question 3

R v Home Secretary ex parte Fire Brigades Union (1995)

Answer 3

Affirms legislative (Parliament), executive and judicial separation

Question 4

R v Prime Minister (Cherry/Miller) [2019] UKSC 41

Answer 4

Challenges separation of powers between executive and legislative branches.

Question 5

True separation of powers?

Answer 5

Common law system - judges can make law vs parliamentary sovereignty
Ministers who lead executive are MPs
Executive appoints judges
Constitutional reform Act 2005 - attempt to strengthen separation of powers in the UK.