separation of powers

Question 1

what is the separation of powers?

Question 2

what is the UK constitution?

Answer 2

unmodified

Question 3

what role does the executive do in making laws?

Answer 3

government proposes primary legislation to be considered by parliament and drafts secondary legislation

propose laws

Question 4

what role does the legislature do in making laws?

Answer 4

parliament decides whether executive proposals become law. individual MPs can also propose primary legislation (via private members bill)

scrutinise and approve (or reject) proposed laws

Question 5

what role does the judiciary do in making laws?

Answer 5

interprets parliament’s intentions in making legislation and develops the common law (legal principles not found in legislation)

interpret laws

Question 6

what is a fusion of powers (the executive)?

Answer 6

the idea that in the UK the legislature select and contains the political part of the executive brach which is dependent on the legislature for its position and power.

Question 7

what does it mean for a system of ‘checks and balances’?

Answer 7

relationship between the executive and the legislature

Question 8

can the legislative create legislation?

Answer 8

yes they can create secondary legislation in the form of rules, orders and regulations.

Question 9

what are the 3 levels of delegation which determine the level of scrutiny given to delegated legislation? (parliamentary control over subordinate legislation)

Answer 9

1. no scrutiny
2. negative instruments
3. affirmative instruments

Question 10

what functions can the executive have?

Answer 10

they can have a legislative function and a judicial function

Question 11

what legislative functions does the executive have?

Answer 11

they can create secondary legislation in the form of rules, orders and regulations

Question 12

where is the judicial function power of the executive come from? (where is it derived from)

Answer 12

power is derived from statutory and prerogative powers

Question 13

who in the executive provides the judicial functions?

Answer 13

mostly the home secretary

Question 14

what does the attorney general do?

Answer 14

sits in cabinet as the chief legal adviser to the government.
has role in deciding whether to bring a prosecution in individual cases.

Question 15

who is the lord chancellor? what do they do>

Answer 15

the government minister with responsibility for the administration of justice, including the administration of the court system

Question 16

where does the authority for secondary legislation to be made come from?

Answer 16

comes from primary acts of parliament

Question 17

what is the impact of the constitutional reform act 2005 on the lord chancellor?

Answer 17

removes some of the overlaps in the executive and judicial roles of the lord chancellor

Question 18

what did the constitutional reform act 2005 do to the Supreme Court?

Answer 18

created the Supreme Court and established it as an institution that is separate physically and in terms of its membership from parliament

Question 19

who has the head role in the judicial in England and Wales now? lord chancellor or lord Chief Justice?

Answer 19

lord Chief Justice

Question 20

what did the constitutional reform act 2005 do to judicial appointment?

Answer 20

judicial appointments are now solely based on merit and good character

Question 21

what is security of tenure?

Answer 21

the idea that judges are paid more to protect judges from politically motivated dismissal by the executive

Question 22

when do judges hold office? / how can they be dismissed?

Answer 22

judges hold office during ‘good behaviour’ and may only be dismissed by the monarch following an address presented by both Houses of Parliament

Question 23

what judges do security of tenure apply to?

Answer 23

crown court, high court, court of appeal and Supreme Court

Question 24

what is the statutory retirement age for judges?

Answer 24

70

Question 25

what are the two purposes of judicial review?

Answer 25

to prevent abuse of power by the executive
to uphold individual rights

Question 26

what does judicial review do?

Answer 26

examines the legality of a decision NOT the merits

Question 27

what is the legal mechanism for challenging delegated legislation?

Answer 27

judicial review

Question 28

what 2 ways is judicial independence protected?

Answer 28

independent recruitment
pay
rules on political involvement

Question 29

what is devolution?

Answer 29

the parliament of the UK (is the principal legislative authority in the UK) and grants legislative powers to the devolved legislatures and executives: Scotland, Wales and NI

Question 30

what is devolved legislation?

Answer 30

the legislation produced by the 3 devolved parliaments or assemblies of Scotland, Wales and NI.

Question 31

what characteristics does the devolved legislation have?

Answer 31

characteristics of primary legislation produced by Westminster parliament, but cannot be created without enabling powers of an act of the UK parliament

Question 32

what are devolved matters?

Answer 32

areas of government where decision-making has bene delegated by the UK parliament to a devolved administration.
eg, Scotland can make its own laws on certain areas like education

Question 33

are devolved laws subject to review?

Answer 33

yes subject to review by the Supreme Court

Question 34

what are reserved matters?

Answer 34

decisions still taken by parliament at Westminster, even though they can have an effect in Scotland, Wales and NI. eg, immigration

Question 35

what is the general rule for devolution in scotland?

Answer 35

that acts of the UK parliament extend to Scotland only if they deal with non-devolved or reserved matters (such as immigration)

Question 36

Can UK parliament legislate on devolved matters?

Answer 36

yes, but it should first obtain approval of the devolved parliament and assembly first

Question 37

who is responsible for determining questions of law relating to devolution?

Answer 37

the Supreme Court

Question 38

what does the sewer convention say?

Answer 38

if Westminster parliament wishes to legislate on a matter which touches on areas within the legislative competence of a devolved parliament, it SHOULD firstly obtain prior approval of the relevant legislature.

Question 39

what happens if a devolved legislature passes a statute which later is deemed to fall within the relevant list of ‘reserved powers’?

Answer 39

court will determine that this statute doesnt have legal effect