Separation of Powers

Question 1

“The control of power depends on it’s fragmentation”

Answer 1

HARLOW 1985

Question 2

Name Vile’s three models of the separation of powers

Answer 2

• Separation of Persons
• Isolationist
• Participation/Control

Question 3

Define the three models of separation of powers.

Answer 3

SOP - constitution forbids different branches to have same people
ISO - functions assigned to one body cannot be exercised by any others
CON - institutions can control the exercise of power by other branches

Question 4

Give examples of the three SOP models working in the UK.

Answer 4

SOP - HoC Disqualification Act 1975
ISO - a) authorisation to tax
b) parliamentary sovereignty
c) royal prerogative
d) sub judice
CON - judicial review, royal prerog

Question 5

“It is a constitutional convention of the highest importance.”

Answer 5

DONALDSON

Question 6

What are some exceptions/problems with the isolationist approach?

Answer 6

Judges can legislate for the common law

Executive may make secondary legislation/Henry VIII clauses

Question 7

What happened during and after Haughton v Smith (1975)?

Answer 7

Haughton v Smith: HoL dismissed as would mean making new law
LC (1980): Recommended change in law and overturning of HvS
Criminal Attempts Act 1981: Person can be guilty ‘even though the facts are such that commission of the offence is impossible’

Question 8

What happened in Anderson v Ryan (1985) and Shivpin (1987)?

Answer 8

Anderson: HoL defined new law as ‘asinine’ and frustrated parliaments intention (CONTROL MODEL)
Shivpin: HoL reversed Ryan decision and reasserted ISOLATIONIST MODEL

Question 9

What does separation of powers do?

Answer 9

Fixes the relationship between institutions and assigns functions to them

Question 10

Where can the modern origins of the separation of powers be found?

Answer 10

Montesquieu