The Separation of powers

Question 1

Three Brances of Government

Answer 1

The legislature
Executive
Judiciary

Question 2

Legislative

Answer 2

Forum for public debate
Elect officials
Keeps executive accountable
Makes laws

Question 3

Executive utive

Answer 3

Formulates anf implements policy
Prepares and initates legislation
co-ordinates function of state department

Question 4

Judiciary

Answer 4

Resolves disputes betweens:
Citizens
Citizen anf organs of statr

Question 5

Legislature

Answer 5

Forum for public debate
Elect officials
keeps executive accountable
makes laws

Question 6

Executive

Answer 6

Formulates and implements policy
prepares and initiates legislation
co-ordinates functions of state departments

Question 7

Judiciary

Answer 7

Resolves disputes through applications of law:
Between citizens
Between citizens and organs of state

Question 8

Separation of powers

Answer 8

The distribution of political authority provides a system of checks and balances to ensure that no single branch becomes too powerful or infringes on the right of citizens.

Question 9

Finish this sentence: The distinction betwen the three branches…

Answer 9

means that government bodies or bodies responsible for the enactment of rules shall not also be changed with execution or with judicial decisions concern.

Question 10

finish the sentence: The executive authority…

Answer 10

Is not supposed to enact law or administer justice, and the judicial authority should not enact or execute the law.

Question 11

Finish the sentence: Crucial l that 3 organs do not intrude the domain…

Answer 11

of another organ, unless the constitution permits it , this is done to ensure that the constitution is not undermined

Question 12

Finish the sentence: The separation of powers doctrine is epitomised by

Answer 12

the allocation of defined functions, competence and responsibilities to the principal organs of state that takes the form of a constitutional, procedural and structural division of public power.

Question 13

Finish the sentence: In the South African context the doctrine of separation of powers

Answer 13

does not require a strict separation between the judiciary and the legislature and executive because it requires the judiciary to check whether the other branches comply with the law and exercise their authority in conformity with the constitution.

Question 14

The Judiciary should not interfere with…

Answer 14

the other branches political function and processes unless the constitution says so/

Question 15

De Lange V Smut

Answer 15

Insolvency Act- meeting creditors presided over by official from masters office
The presiding officer is empowered to commit a person summoned to produce documents who fails to and who does not answer questions satisfactorily in prison.
Deprivation of liberty is serious and should only follow after judicial enquiry.
SA conceptualisation of the Separation of powers should be developed incrementally to thrive balance between the need to control govern mental powers by separting thereof and enforcing, checks and balances and to avoid diffusing power so that the government is not in a position to take timely measures in the public interest.

Question 16

Executive Council Western Cape legislative V President of RSA

Answer 16

Parliament is not empowered to delegate power to amend primary legislation to executive
The separation of powers preserves and protects the integrity of the legislative process

Question 17

Pharmaceutical Manufactures

Answer 17

Facts- president brought legislation into operation prematurely
Where legislation is deemed unconstitutional it is the task of the constitutional court to confirm that in relation to the president and parliament,