Separation of Powers

Question 1

What three functional areas make up the theory of separation of powers?

Answer 1

1. Executive
2. Legislature
3. Judiciary

Question 2

In the UK constitution where may the separation lie and where is there clearly no separation?

Answer 2

By examining case law we may argue that the judiciary is separate from the executive and Parliament.

Question 3

Which Act created the UK Supreme Court and removed the Lord Justices from the House of Lords?

Answer 3

Constitutional Reform Act 2005

Question 4

In which landmark case can we see the UK constitution being criticised for not allowing a fair trial due to judges being too close to the legislature?

Answer 4

McGonnell v UK

Question 5

What was Mr. Shaw convicted for in Shaw v DPP? Why is it significant?

Answer 5

Mr. Shaw was convicted of corrupting public morals - a ruling which had been resurrected from hundreds of years of disuse. It demonstrates judges make law.

Question 6

R v R was a case that outlawed what?

Answer 6

Marital rape