seperation of powers

Question 1

quote in favour of seperation of powers

Answer 1

“power tends to corrupt, and absolute power corrupts absolutely”- Lord Acton 2020
corruption will occur if the three elements of the constitution are combined

purpose- to limit potential abuse by any of the state organs while allowing for an effective government- webley and samuels

should-Henderson 1962- “this threefold division… is a necessary condition for the rule of law in modern society”
indipendance of judicary promotes the right to a fair trial from rules of natural justice (rule of law) an article 6 ECHR

Question 2

quote suggesting the UK has not got seperate powers (positive)

Answer 2

“the efficient secret of the English constitution may be decsribed as the close union, the nealy complete fusiom of the executive and legislative powers”- Bagehot 2001

example- shaban mahmood was lord chancellor (judicial role of running of his majestys courts and tribunal services), MP (legislature) ang government minister (eecutive)

jennings position cited in webley and samuels public law- checks and balances on the exercise of power would perfrom its functions more effctively than seperation

Question 3

the Uk constitution is flexible and has evolved over time to seperate its bodies

Answer 3

this is because all law is equal and untrenched
-for example over time the crown has lost perorgative powers through the exercise of constitutionalised conventions (e.g the glorious revolution 1688, crown offered to william and mary under the condition of the limits to their powers)
-parliament has become more democratic (refrom act 1832 widened who could vote)
-the constitutional reform act 2005- moved law lords from parliament to supreme court

Question 4

seperation of the judiciary and legislature:
the courts and parliament

Answer 4

-acts of parliament treated as supreme by the courts (respects legislature power)
-courts interpret statutes as closely as possible
-bill of rights 1688- proceedings in parliament would be questioned in court (british railways board v pickin 1974- alleged had misled parliament when persuading to create private bill, courts wont look into it)
-parliament under declaration of the law to not comment on cases before the court
-parliament has no role in appointment of judges (guarantees a judiciary free from political bias)
-highest court seperate from parliament

Question 5

seperation of the judiciary and the executive
courts and the crown/ministers

Answer 5

-judicial review of delegated powers and the crown prerogative, by the judiciary
-sc3 constitutional reform act 2005 requires ministers to respect judicial independence
(following cases such as McGonnell v UK 2000, judiciary criticized the executives role in sentencing prisoners as this is a judicial function, refrom transferred power from executive to judiciary)
-convention of not criticing the judges personally
-lord chancellor can no longer remove members of the senior judiciary

Question 6

where the UK does not have seperation of powers

Answer 6

-the crown picks executive ministers from parliament
(allows parliaments insight and holds government accountable, ensures democracy as elected, risks elective dictatorship)
-delegated legislation, parliament can give government law making powers
(parliament sets out principles in act and government free to add on, e.g regulations on health an safety at work)
-the crowns role in relation to parliament (the crown calls parliament, HMG, judiciary have an oath of allegiance to the crown)
-judges make law
(when interpeting statutes courts my ignore words R v R 1992, alot of law made by stare decis creating precedent)
-privy council (decisions can be legistlative, executive and judicial)