Separation of Powers

Question 1

Bollingbroke (origins of dcotrine)

Answer 1

Protection of state depends on achieving and maintaining equilibrium between crown, state and the people

Question 2

Three organs of the state

Answer 2

The Legislature

The Executive

The Judiciary

Question 3

Duport steels v Sirs 1980

Answer 3

Constitution unwritten based upon separation of powers, Parliament makes the laws, judiciary interpret them

Question 4

Lord Hailsham (Executive and Legislature)

Answer 4

Recognised scope of abuse of power calling it an elective dictatorship

Question 5

Secondary/Delegated legislation (Executive and legislature)

Answer 5

Laws and regulations made by government departments, local authorities and public bodies under authority of an Act of parliament

Question 6

Henry 8th clause

Answer 6

Clause in Act of Parliament allowing government to repeal amend it by secondary legislation without further parliamentary scrutiny

Question 7

Parliamentary scrutiny methods

Answer 7

Vote of no confidence
Question time, debates and select committees
His Majesty’s opposition
House of Lords

Question 8

S2 House of commons disqualification act 1975

Answer 8

Only 95 ministers may sit in HOC to ensure executive do not dominate HOC

Question 9

Attorney General (Executive and Judiciary)

Answer 9

Member of government as chief legal advisor
Can bring legal proceedings against public authorities and can halt prosecutions

Question 10

Council of Civil sercive unions v Minister of the state for the civil service 1985 (GCHQ)

Answer 10

Royal prerogative powers incompatible with parliamentary sovereignty.
HOL ruled out prerogative not being compatible with rule of law as it allowed gov to modify toc without legal basis or parliamentary scrutiny

Government power must be subject to legal scrutiny and courts have power to review exercise of executive power

Question 11

Parliamentary privilege

Answer 11

Parliament has power to regulate its own internal composition and structure

MP’s allowed to speak freely and protects internal affairs without interference from the courts

Question 12

Article 9 Bill of rights 1688

Answer 12

Provides freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament

Question 13

Shaw v DPP (exploitation of separation of powers)

Answer 13

Shaw planned to publish prostitute details publically whos lawyers and police said would not be illegal

HOL upheld conviction of conspiracy to corrupt public morals