separation of powers Flashcards
what is the theory of separation of powers?
for a constitution to be ‘efficient’ and ‘well arranged’, the three branches (or organs) of state (the judiciary, executive and legislature) should
be separated into different bodies or persons.
What is the role of the legislature?
Parliament decides whether executive proposals become law. Individual MPs can also propose primary legislation (via Private
Members’ bills).
What is the role of the executive?
Government proposes primary legislation to be considered by Parliament and drafts secondary legislation.
What is the role of the judiciary?
interprets Parliament’s intentions in making legislation and develops the common law legal principles not found in legislation).
How do the government and parliament overlap?
‘checks and balances’ system
- Senior government ministers are, by
convention, also
- Members of Parliament. Parliament, through the enactment of primary legislation, confers power on the
government.
Define a statutory instrument.
Contains the Secretary of State’s further rules on the specific area identified in the ‘parent’ Act of Parliament.
What are the 3 levels of delegation that determine the level of scrutiny given to delegated legislation?
- No scrutiny
- no parliamentary scrutiny, for example, an order to close a major road that’s being developed. - Negative instruments
- Can become law without debate or vote in parliament. It can be opposed and rejected but not amended by parliament. - Affirmative instruments
- The most important delegation of power subject to affirmative resolution. They cannot come into effect until both Houses have approved a draft Si in a vote.
How must the powers of the executive be exercised?
Every delegated or subordinate power must be exercised within (otherwise known as ‘intra vires”) the power granted.
What is the role of the Attorney General?
- sits in the Cabinet as the chief legal adviser to the government.
-also has a role in deciding whether to bring a prosecution in individual cases.
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