Seperation of Powers in the UK

Question 1

UK and the Separation of Powers (4 Points):

Answer 1

• the uk does not have as of a strong separation of powers that the usa does
• there is some separation by virtue of both statute, case law and constitutional conventions
• but unlike the usa there are a number of significant overlaps/checks and balances
• such as the fusion between political branch of executive, and the legislature

Question 2

Examples of Separation of Powers in the UK (3 points)

Answer 2

• house of commons disqualification act 1975 excludes holders of full-time judicial appointments and some members of the executive (regular Forces, police and civil servants) from the house of commons
• judges accept/concede to parliamentary sovereignty, as they do not have powers to alter statutes, only interpret them (see cases below)
• the courts act as a check and balance on the executive though the process of judicial review

Question 3

Judicial Approval of the Doctrine

Answer 3

in multiple instances senior judges have expressed the opinion that the uk constitution is based on separation of powers

Question 4

Duport Steels Ltd v Sirs (5 Points)

Answer 4

• held, that the duty of the courts was to apply the laws made by parliament, and not to adapt them to the judicial view of what they ought to be
• parliament makes the laws, the judiciary interprets them
• it is for parliament, not for the judiciary, to decide whether any changes should be made to law as stated in the act
• if parliament says one thing but means another, it is not, under the historic principles of the common law, for the courts to correct it
• we are governed not by parliament’s intentions but by parliaments enactments

Question 5

R v Smedley (2 Points)

Answer 5

• although the UK has no written constitution, it is a constitutional convention of the highest importance that the legislature and the judicature are separate and independent of one another, subject to certain ultimate rights of parliament over the judiciary
• courts have a duty of the highest importance to refrain from trespassing upon the responsibility of Parliament