The Separation of powers Flashcards
What are the 3 arms of state?
- legislature
- executive
- judiciary
What is Montesquieu’s theory?
The 3 arms of state must be separate to protect the liberty of a country’s citizens
Why is Montesquieu’s theory not adhered to completely in the UK?
- The Lord Chancellor is involved in all three arms
- Judges can create common law
What does the separation of powers ensure?
that the Executive does not overstep its constitutional powers
S.3 of the Constitutional Reform Act 2005
Lord chancellor and government ministers must uphold the independence of the judiciary and must not seek to influence particular judicial decisions
Lord chancellor and government ministers must uphold the independence of the judiciary and must not seek to influence particular judicial decisions
S.3 of the Constitutional Reform Act 2005
Inferior judges can be removed by who?
The Lord Chancellor with the agreement of the Lord Chief Justice
How can a superior judge be removed?
By a petition passed by Parliament to the monarch
Sirros v Moore 1975
Judges have immunity of suit, so they can perform judicial duties without fear of being sued
Judges have immunity of suit, so they can perform judicial duties without fear of being sued
Sirros v Moore 1975
When was the Supreme Court created?
2009
The creation of the Supreme Court separated what?
The judiciary from the legislature
How did the creation of the SC separate the judiciary from the legislature?
Judges of the Supreme court are no longer allowed to be members of the HoL
What judges are allowed to be MPs?
Part time judges, such as recorders
What judges aren’t allowed to be MPs?
Full-time judges
What are the salaries of judges paid out of?
The Consolidated fund
The Consolidated Fund doesn’t need what?
Parliament authorisation
Parliament can change what relating to judges?
- judicial retirements
- qualifying periods of service for pensions
The government cannot dismiss what type of judges?
Superior judges
Pinochet 1999
Judges cannot hear any case in which there is an issue that they are interested in
Judges cannot hear any case in which there is an issue that they are interested in
Pinochet 1999
Home Secretary case 1995
Judges can challenge the decisions of government ministers or public authorities if they are unlawful
Judges can challenge the decisions of government ministers or public authorities if they are unlawful
Home Secretary case 1995
Mental Health Tribunal 2001
If an Act of Parliament is incompatible with the European Convention of Human Rights, as the Human Rights Act 1998 requires UK law to incorporate the convention
