separation of powers Flashcards
what does separation of powers refer to?
authorities in power should share that power
this requires them to exist as separate, individual institutions that are independent of each other
what are the three branches of the state?
legislature - votes and passes laws, scrutinizes government
executive - implements laws, creates policies/suggests laws
judiciary - interprets laws, enforces law
why is separation of powers imprtant?
stops the concentration of power - tyranny
a system of checks and balances
efficiency and good decision making
what is pure separation?
three branches are entirely separate
there are absolutely no overlaps in terms of the members and roles
what is partial separation?
the three branches of state have their own roles and powers
however there are some overlaps such as some members of the executive are also members of the legislature
what is a key overlap in the UK system?
PM and cabined are made of members of parliament
means they are members of executive and legislature
suggest and implement law and vote to pass legislation
what are some more examples of partial separation in the UK
ministers have the powers to pass secondary legislation without requiring a vote in parliament
MPs can sit as lay magistrates
what did the Constitutional Reform Act 2005 aim to do?
- aimed to create greater judicial independence which creates a stronger separation of powers
how did CRA 2005 fulfil its aim?
- created the supreme court. judiciary no longer members of HOL. HOL now only a legislative chamber not an appellate court, now a separate institution from parliament
- altered the role of the Lord Chancellor
- created Judicial Appointments Commission
