Separation of powers and Rule of Law Flashcards
What are the three strands of the rule of law? (modern)
All citizens should be entitled to rely on laws which are made and set out clearly, only detained and punished if they have broken the law and have a right to fair procedures determining liability.
There should be equality in the law, not only between citizens but also between public officials and citizens.
The courts are the protectors of individual liberty through ‘ordinary’ judicial decisions.
What are the three branches of state?
Legislature (parliament) which makes the law
Executive (government) which implements or administers the law
Judiciary (courts) which resolves disputes about the law
The Monarch is head of state so will oversee all branches.
Does the UK have a formal or informal separation of powers?
There is no formal separation of powers, hence why there is often an overlap.
What branches overlap in the UK?
Executive and legislature overlap significantly.
What actions can Parliament take in holding the UK Government to account? (5)
PM’s questions
Debates
General committees
Select committees
Parliamentary and Health Service Ombudsman
What is individual ministerial responsibility?
Ministers are responsible for the running and proper administration of their respective departments, and also their personal conduct.
What is collective cabinet responsibility?
A cabinet is collectively responsible to Parliament for the actions of the Government as a whole and the Government must retain the confidence of the House of Commons.
Ministers should resign if they wish to speak out against public policy.
Which areas of government activity do Parliament not have effective scrutiny on?
National security
Defence of the realm
Deployment of the armed forces
How is the judiciary independent from the executive? (7)
Appointment - these are now dealt with the Judicial Appointments Commission
Tenure - Judges may be dismissed by the Monarch following a vote of both Houses of Parliament.
Salary - they are determined by an independent body and paid from the Consolidated Fund.
Immunity from civil action - unsuccessful litigants cannot sue a judge for making an error when carrying out their duties.
Constitutional conventions - members of the judiciary do not engage in party political activity.
The ‘sub-judice’ rule - Parliament refrains from discussing matters currently heard or waiting to be heard by the courts.
Contempt of court laws - prevents government ministers commenting prejudicially outside proceedings in Parliament on cases before the courts.
What did the Constitutional Reform Act change? (2)
Transferred the Lord Chancellor’s role to Lord Chief Justice, who is responsible for training and deploying judges, and representing the views of the judiciary.
Creation of the Judicial Appointments Commission, which is an independent body that appoints judges in E&W based solely on merit.
How are judges appointed for LCJ, Master of Rolls, LJ of Appeal, President of Family Division and KBD and High Court Judges?
The Prime Minister (after receiving a recommendation from the Lord Chancellor) must advise the Monarch on filling a vacancy. The LC must consult the LCJ before making his or her recommendations and ask JAC to convene a selection panel to select a candidate.
How are appointments to the Supreme Court made?
An appointment of a vacancy is made by the Monarch on the advice of the Prime Minister, who will have received a recommendation by the LC. A selection commission consisting of the President of the UKSC, a senior UK judge and one member from each of the three judicial appointment bodies will select candidates.
What is a quasi-judicial function?
A proceeding conducted by the executive which is similar to a court proceeding.
What is an example of a quasi-judicial function?
Compulsory purchase order e.g. for land to be made subject to a CPO if it is required for a particular purpose such as the building of a new motorway.
How can the judiciary hold the executive to account?
Through the mechanism of judicial review.
