Seperation Of Powes

Question 1

3 branches

Answer 1

Judiciary
Legislature
Executive

Question 2

What is Judiciary

Answer 2

Judges
- interpret and apply laws

Question 3

What is legislature

Answer 3

Parliament
Scrutinise and pass laws

Question 4

What is executive

Answer 4

Government, prime minister and cabinet

Propose laws

Question 5

Idea of separation of powers

Answer 5

Each branch act as a check in the other to limit their powers

Question 6

How is judicial independence achieved

Answer 6

Security of tenure - can’t be fired
Immunity from suit
Paid well - no bribes
Have to declare special interest
Independence from legislature - can’t be PM and avoid political comments

Question 7

Case for immunity from suit

Answer 7

Sirros V Moore
Judge decided to deport D
Immunity even if acting mistakenly but in good faith

Question 8

Case for judges having to declare special interest

Answer 8

Pinochet case

Question 9

Disadvantages of judicial independence

Answer 9

Immunity from suit - not held accountable?
Security if tenure - to much protection? Only removed my monarch or parliament

Composition - 71% private school white male upper class - not representative of society

Question 10

Advantages to judicial independence

Answer 10

Judges can complete judicial review. Impair talk to politics. Reach decision without sanction

Question 11

Case for declaring special interest

Answer 11

Pinochet
Judge was member of human rights group while D was arrested for human rights abuse
“Links to organisation”
Avoids bias - “justice must not only be done but must be seen to be done”

Question 12

Advantages of judicial independence

Answer 12

Create consistency - Judges will not sway to public morals - legislature - parliament will during general election - such as new knife crime laws since Nottingham stabbing

Safe gaurd against gov abuse of power - enforce the rule of law and idea that no one is above it - can go aisnt parties .

Can complete judicial review - can put impartial review with our fear of sanction

Public confidence —> Unbiased to parties not effected by government Fair trials - decision based on fact nor politics

Question 13

Act for security of tenure

Answer 13

Act of settlement 1700

Superior judges - Can only be removed by monarch or period from parliament both houses

Inferior - can be removed for misbehaviour by lord chancellor

Question 14

Composition of judiciary

Answer 14

71% private schools
29% female
7% - black and minority ethnic groups
58 years old average

Not representative of society it serves . Those sitting in judgment on society should understand it