Seperation Of Powers

Question 1

What is separation of powers?

Answer 1

The separation of powers is the spreading of power and authority across different branches each unable to interfere with the other

Is to prevent tyranny and enable accountability

Question 2

What is the pure theory of SoP?

Answer 2

A strict separation of powers in both personal and function. Members of one branch should not also be members of another and should not interfere with the other at all. Relies on each branch acting independently of each other.

Question 3

What is partial SoP?

Answer 3

The partial theory allows a degree of interaction between the branches of government. It allows branches to hold each other accountable.

Question 4

Fusion of legislature and executive

Answer 4

Members of the executive also sit in parliament and are therefore part of the legislature

Question 5

Fusion of executive and judiciary

Answer 5

Lord chancellor straddles all brew branches of government

Question 6

Fusion of Judiciary and legislature

Answer 6

The judiciary can challenge the legislature through judicial review

Question 7

R v Secretary of State for the Home department ex Parte Vendables and Thompson

Answer 7

Facts: • Applicants were convicted of murder of a young boy when they were 10.
• Both sentenced to be detained at her majesty’s pleasure pursuant to s53 of children and young persons act
• sentencing judge believed 8 years was enough
• Lord Chief Justice recommended a tariff of 10 years
•Secretary of state (after receiving pressure from the public) decided on a 15 year tariff
• Applicants sought judicial review and SoS was quashed

L.P: • Secretary of State had breached separation of powers by intervening

Question 8

Re M

Answer 8

Lord Templemen: “Parliament makes the law, the executive carry the law into effect and the judiciary enforce the law”