Separation of Powers

Question 1

Academic
Barber on 2 types of separation of powers

Answer 1

‘pure theory’ = ‘complete separation of the three banches of state’
‘partial theory’ = ‘ instead emphasises the significance of checks and balances’
— He values efficiency as he argues for the ‘meeting of form and function’

Question 2

Academic
Locke

Answer 2

3 branches similar to today’s, although names do not match:
Executive = applies the law = modernday judiciary

Question 3

Academics on checks and balances

Answer 3

Montisqieu = He argues that you have to separate power to prevent tyranny
Madison = Agencies must be divided so ‘that each may be a check on the other’

Question 4

Acedemics on the English Constitution

Answer 4

Bagehot = The ‘efficient secret’ of the English constitution is the ‘nearly complete fusion of executive and legislative powers’

Question 5

Statute over the executive
Cases

Answer 5

Evans v Attorney General = Freedom of Information request about Prince Charles’ communication with the government
Vs. the attorney general issues a certificate saying that they did not have to be published Vs. The court held statute [FoIA] “cannot be set aside by anyone including … the executive.”

Question 6

Parliament vs. the executive
Cases

Answer 6

The Case of Proclamations = the King tried to ban building in London, and said that he must grant permission, and it was decided that that was Parliament’s power, and the King is not Parliament
+ Both Miller cases