Separation of Powers:

Question 1

Separation of Powers:

Answer 1

Executive (Government) Legislature (Parliament) Judiciary (Judge)

baron de Monlesqueau: Doctrine of Separation of Powers: Tripartite Model

R (Miller) v PM 2019 (Boris closing parliament)

Judicial review saw he was ultra vires and merged powers

Question 2

Independence of Judiciary

Answer 2

Judges must be free of external pressure, leads to fair trial

Security of Tenure
Immunity from Suit
Independence from executive and legislature
Independence from Case

Question 3

Security of Tenure:

Answer 3

Judges not under gov control
Not removed as gov changes
Individual judges not criticised in parliament
Removal mechanism and tenure firmly embedded in law
No minimum age: min of 5 years, retire by 70, 75 at latest
Hold office during good behaviour: Allegation of misconduct leads to potential removal

HC and COA: Petition to Crown, address precedure in parliament by Act of Sentence 1701

SC: Appear at hearing before parliament: Constitutional Reform Act 2005

Ciruit and District: Lord CHancellow removes with Lord Cheif Justice’ approval. Misconduct or incapacity

Question 4

Immunity from Suit

Answer 4

Sirros v Moore 1975:

Complaint of behaviour, language or misconduct

Question 5

Independant of 2 other arms

Answer 5

Coersion, Force, Pressure Groups, Judges, Own beliefs, Re Pichoche 1998

Question 6

Independance from Case:

Answer 6

Free of adverse influence. Rich influencual individuals, Pressure Groups, Media, Own Beliefs

Question 7

Reasons for Independence:

Answer 7

Ensures the verdict or decision is decided on evidence and facts and law

Ensures that in Jury Trials it’s based om fact and not other influences

Deliver fair and impartial justice

Protect citizens and their right against unlawful actions of government, people, agencies or organisations that tried to infringe on their rights

Question 8

How is Judicial Independance Brought About:

Answer 8

Judges immune from prosecution for any acts they perform whilst performing their judicial functions

Freedom from suit for defamation and anything they say about those involved in a case

Errors can be appealed

Salaries set by individual bodies, not executive to avoid bribery

Question 9

Evaluation of Judiciary:

Answer 9

Advantages:

Judiciary unelected and not under pressure from state and politicians

Judges impartial from case to case basis

Legal professionals and are not lay people so more qualified

right to appeal

Judges can use judicial review to challenge a local government decision

Since 2006 judges appoiunted by Judicial Appointments Commission not Lord Chancellor

Disadvantages:

Problems in higher courts with gender and ethnic balance

Class and background issues remain and the judiciary is not representative of society

Issues of inconsistencies especially in lower courts sentencing