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Public Law I > Structure and rules of government (legislature, executive, judiciary) > Flashcards

Structure and rules of government (legislature, executive, judiciary) Flashcards

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1
Q

What is the separation of powers?

A

Involves three distinct branches with separate powers

Power is divided among branches to prevent concentration.

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2
Q

Why embrace the separation of powers?

A

To safeguard citizens’ liberties and guard against tyranny

Ensures a system of checks and balances.

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3
Q

What is Montesquieu (1748) view on why we should embrace the separation of powers?

A

Liberty is at risk if legislative, executive, and judicial powers unite.

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4
Q

What is James Madison (1788) view on why we should embrace the separation of powers?

A

Power concentration equals tyranny.

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5
Q

What is Lord Acton (1887) view on why we should embrace the separation of powers?

A

“Power tends to corrupt, and absolute power corrupts absolutely.”

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6
Q

How does democracy complement the separation of powers?

A

Re-election as an incentive against abuse

Legislative function by elected representatives ensures accountability

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7
Q

What are some key perspectives on separation of powers?

A

Lord Diplocks view is that the UK constitution was based on the separation of powers.

Bagehot’s view is that within the UK there is a close union and fusion of executive and legislative powers.

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8
Q

What are the two types of separation of powers?

A

Pure Version

Partial Version

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9
Q

What is the Pure version of separation of powers?

A

Advocation for clear boundaries between branches and that breaches are problematic

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10
Q

What is the Partial version of the separation of powers?

A

Breaches aren’t inherently problematic; focus on preventing tyranny.

Emphasises checks and balances with mutual oversight

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11
Q

Does the UK adhere to the Pure version of the separation of powers?

A

It does not but should guard against abuse of power.

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12
Q

What is a negative about the pure version of the separation of powers?

A

It lacks checks and balances making it undesirable

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13
Q

What are the three branches of state?

A

Executive Branch

Legislative Branch

Judicial Branch

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14
Q

What is the executive branch responsible for?

A

Making and implementing public policy

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15
Q

What are the various levels of the executive in the UK.

A

Central UK Government led by the Prime MInister

Devolved Governments in Scotland, wales and northern Ireland

Local Government

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16
Q

What is the legislative branch responsible for?

A

It creates legislation and holds the executive accountable.

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17
Q

What is the main body of the legislative branch?

A

The UK Parliament (Westminister) is the principal legislative body

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18
Q

What are some other bodies of the UK legislative branch?

A

Scottish Parliament

Welsh Parliament (Senedd Cymru)

Northern Ireland Assembly

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19
Q

What is the judicial branch?

A

A system of courts and tribunals that interpret the law and resolve legal disputes

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20
Q

What are the three core constitutional institutions in the UK?

A

The UK Government (Most powerful government body)

The UK Parliament (Hold sovereignty)

UK Supreme Court (Highest court in the UK)

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21
Q

How is the UK’s constitution multilayered?

A

The branches of the state are not confined to just the UK level. They exist both above and below the UK level.

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22
Q

How do the branches of state exist above the UK level?

A

Through the Council of Europe and the European Union (no longer a member)

23
Q

What is the Council of Europe?

A

An international organisation focused on human rights

24
Q

How does the branches of state operate below the UK level?

A

Devolved governments and legislatures

Local government

25
Q

What structure is the UK parliament when referring to the two chambers?

A

Bicameral

26
Q

Who are frontbenchers?

A

Members of Parliament who hold significant positions within their party, including government ministers and opposition shadow ministers.

27
Q

What are the responsibilities of frontbenchers?

A

Crafting, defending, and implementing government policies (for ministers) or scrutinizing and challenging government policies (for shadow ministers).

28
Q

Who are backbenchers?

A

Members of Parliament who do not hold ministerial or shadow ministerial positions.

29
Q

What are the responsibilities of backbenchers?

A

Representing the interests and concerns of their constituents, participating in debates, voting on legislation, and serving on parliamentary committees.

30
Q

What are some key aspects of the House of Commons?

A

An elected chamber

Holds superiority over the House of Lords

31
Q

What makes up the MP’s in the HoC?

A

650 members of parliament (MPs) each from one of the 650 constituencies in the UK.

32
Q

What makes up the approximately 800 peers in the HoL?

A

Life Peers

Hereditary Peers

Bishops

33
Q

How do both Houses scrutinize government policy?

A

They evaluate administration and legislative proposals (Bills).

34
Q

How do the Commons and Lords differ in debates and bill scrutiny?

A

Commons generally approves government Bills due to majority.

Lords more frequently defeats government, lacks majority.

Lords acknowledged for more effective legislation scrutiny.

35
Q

What is required for the formation of government?

A

Government requires a majority in the House of Commons (HoC) and must maintain the confidence of the HoC.

35
Q

How does Parliament hold the government to account?

A

Examines the relationship between the executive and the legislature, contributing to the political constitution.

36
Q

Who can enact primary legislation?

A

Only Parliament can enact primary legislation.

37
Q

What are some other functions of Parliament?

A

Supplies personnel for the government.

Authorises taxes and government spending.

38
Q

What is the electoral system?

A

A set of rules is used to determine the results of an election.

39
Q

What is the electoral system used in the UK?

A

First-Past-the-Post (FPTP) system, focusing on constituency representation.

40
Q

How are MPs in the House of Commons elected?

A

MPs are elected by their constituents and represent them.

41
Q

To whom are MPs democratically accountable?

A

MPs are accountable to their constituencies, aiming for re-election or ensuring their party’s candidate wins in future elections.

42
Q

What principle does Parliament embody?

A

The principle of government of the people by the people.

43
Q

What do general elections determine?

A

Determine membership of the House of Commons

44
Q

What do general elections decide regarding the government?

A

Decide the political party forming the government.

45
Q

Where do government ministers come from?

A

From the party with majority seats.

46
Q

How do elections often reflect party lines?

A

Historical dominance of Conservative and Labour parties, with increasing political fragmentation.

47
Q

How does FPTP challenge democratic equality?

A

FPTP challenges the concept that every vote should count equally.

48
Q

How do vote disparities manifest in FPTP?

A

Votes in ‘safe’ constituencies count less than those in marginal ones (e.g., East Ham vs Bolton West, 2010 General Election).

49
Q

Why is FPTP often called ‘winner takes all’?

A

Only the candidate with the most votes wins; other votes don’t impact national outcomes.

50
Q

How do larger parties benefit from FPTP?

A

Larger parties (Conservative and Labour) often win more seats than votes justify.

51
Q

How do smaller parties fare under FPTP?

A

Smaller parties (Liberal Democrats, Green Party) lose out (e.g., 2017 Election results).

52
Q
A

Public Law I (14 decks)

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