SoP Flashcards
Definition
Underpins the constitution in the UK. The doctrine holds that as each branch of state has a different role to play within the constitution there should be no overlap between the branches either in terms of their functions or in terms of their personnel
Checks and balances
As each branch of state cannot in reality operate in isolation from the other branches there should be a system of checks and balances in place so that one branch can be kept in check by the other branches and there is a balance of power between the different branches
Is there a SoP within the UK?
Unlike the US there is no formal separation of powers under the UK constitution. As a result of having an unwritten constitution no formal system or arrangement has been put in place to ensure that the SoP is maintained. Instead a partial SoP between the 3 branches exists together with an informal system of checks and balances
Relationship between the executive and the legislature - No overlap
Statutory limitation on members of the executive also being members of the legislature e.g police officers not permitted to hold parliamentary office
Relationship between the executive and the legislature - Overlap
Elected dictatorship - gov. effectively controls parliament. The Salisbury convention means that the Lords will not reject a bill giving effect to a significant manifesto commitment of the democratically elected gov. Henry VIII powers - enable the amendment or repeal of legislations by the gov. without reference back to parliament
Relationship between the executive and the legislature - Parliamentary scrutiny of the executive
PM Qs. Debates. General committees. Select committees. Constitutional conventions and a minister who breaches these conventions must resign - individual ministerial responsibility.
Relationship between the executive and the legislature - Parliament and the royal prerogative
There are some areas of gov. activity over which parliament has historically been unable to exercise scrutiny. These are powers which the gov. exercises under the royal prerogative and include matters of national security, the defence of the realm and the deployment of the armed forces. However there are indications that parliament is taking on a greater role in these areas e.g gov. obtained parliamentary approval before sending troops to Iraq
Relationship between the executive and judiciary - The importance of judicial independence
Gov. is under a duty to uphold the independence of the judiciary and that individual ministers should not seek to influence particular decisions through any special access to the judiciary.
Relationship between the executive and judiciary - How is judicial independence secured?
Appointment - dealt with by judicial appointments commission which is politically impartial and free from executive control. Tenure - security of tenure means that senior judges hold office during good behaviour and may be dismissed by the monarch only following a vote of both houses of parliament. Judicial salaries are determined by an independent body.
Relationship between the executive and judiciary - The constitutional reform act
Prior to this act the Lord chancellor was a member of both the executive and the judiciary. Following the act, the role as head of judiciary has been transferred to the Lord Chief Justice.
Relationship between the executive and judiciary - How does the judiciary hold the executive to account for its actions?
Judicial review acts as a check and balance on the power of the executive.
Relationship between the executive and judiciary - Judiciary control of the exercise of royal prerogative powers
The judiciary is responsible for deciding the extent of the royal prerogative. Through case law the courts have established that new prerogative powers cannot be created or the scope of existing powers extended
Relationship between the executive and judiciary - Royal prerogative powers which remain non-justiciable
Courts review/regard treaty making as a political issue for the gov. to decide upon and so is not subject to review by the courts E.g national security and treaty making.
The relationship between the legislature and the judiciary - Keeping the legislature and judiciary separate
Judicial officers are disqualified from membership of HoC. Constitutional convention that members of parliament will not make a criticism of a particular judge and a further convention that members of the judiciary will not become involved in political activities
The relationship between the legislature and the judiciary - Areas of overlap
Prior to 2005 act the Lord chancellor was the speaker of the HoL in addition to being both the head of the judiciary and a Law Lord
