Separation of Powers (L4)

Question 1

What are the branches of state and what do they do?

Answer 1

Legislature (to make laws).
Executive (administrative, to govern).
Judiciary (adjudicating, courts).

Question 2

Is the SoP present in the UK?

Answer 2

Bagehot, The English Constitution (1867) — “The close union, the nearly complete fusion, of the executive and legislative powers”.
—–> Parliamentary government…

Question 3

What was the first stage of separating the powers in modern Britain?

Answer 3

Safeguarding of judicial power from parliamentary government.

Question 4

What was involved in the first stage of separating powers?

Answer 4

The independence of the judiciary.
- Senior Courts Act 1981, s. 11.
- Constitutional Reform Act 2005.
Case law on access to justice.
- Matthews v Ministry of Defence [2003] UKHL 4.
Sentencing powers.
- R [Anderson] v SSHD [2002] UKHL 46.

Question 5

What was the second stage of separating the powers in modern Britain?

Answer 5

Safeguarding Parliament from the executive.

Question 6

What are the relevant cases for the second stage of separating powers?

Answer 6

R v Home Secretary, ex parte Fire Brigades Union [1995] 2 AC 513.
R (Miller) v Prime Minister; Cherry v Advocate General [2019] UKSC 41.