Separation of Powers

Question 1

3 elements of Parliament

Answer 1

Legislature
Executive
Judiciary

Question 2

What is meant by the separation of powers.

Answer 2

Wade:

1. No person or body or persons should form part of more than one of the three organs of government
2. that one organ of government should not exercise the functions of either of the other two organs
3. That one organ of government should not interfere with or seek to exercise control over the functions of the two organs

Question 3

How does the Queen have a unique constitutional position?

Answer 3

The queen is an integral part of all 3

Legislature - Queen in Parliament and Royal Assent
Executive - Technically Head of the Executive
The Judiciary - Task of administering justice is carried out by members of a judiciary

Question 4

Examples of constitutional overlaps

Answer 4

Legislature and Executive = Queen and Cabinet Ministers are members of both

Question 5

Effect of the constitution reform act

Answer 5

2005
Previously the law lord were members of both the judiciary and the legislature. Reform got rid of the Law Lords and established the Supreme Court

Previously the Lord chancellor was a member of the legislature and the judiciary. Now the Lord chancellor is member of only the legislature no longer a judge.

Question 6

Examples of checks and balances on those exercising power the Uk (3 points)

Answer 6

• Judicial Review
• Political controls on the executive
• Checks on judiciary

Question 7

A and others V Secretary of State for the home department (Belmarsh Case)

Answer 7

• Post 9/11, Uk legislation provided for the indefinite detention of foreign prisoners
• HL held that section 23 was incompatible with Art 5 of the ECHR
• S 23 was contrary to the HRA because it had the effect of discriminating between foreign nationals and Uk nationals

Question 8

M v Home office

Answer 8

1992
Judge ordered him to return M, seeking asylum, back to the UK after he had been deported

KB disobeyed the court order and was therefore guilty of contempt of court

Question 9

Judicial independence

Answer 9

Are responsible for the rule of law in this country; cannot have political bias

Seen to be independent

Judges must be neutral

Interpret and not make law

Question 10

3 examples of judges as Law makers

Answer 10

Gillick v West Norfolk - children under 16 could consent to contraception without concept of parents

R v R 1992 - A husband could be guilty of raping his wife