Separation of Powers Flashcards
1
Q
Legislative Branch
A
Makes the law
2
Q
Judicial Branch
A
Interprets the law
3
Q
Executive Branch
A
Administers the law
4
Q
2 issues to address with separation of powers
A
- Encroachment
2. Delegation
5
Q
Legislative Delegation of Legislative Power
A
The legislature may not delegate the power to enact a law or right to exercise unrestricted discretion in applying the law
6
Q
Non-Delegation Doctrine
A
The administration of legislative programs must be pursuant to some minimal standards and guidelines ascertainable by reference to the enactment establishing the program
7
Q
Judicial Delegation of Judicial Power
A
The courts cannot delegate its judicial power to another branch of the government.
