The Separation of powers

Question 1

What are the 3 arms of state?

Answer 1

• legislature
• executive
• judiciary

Question 2

What is Montesquieu’s theory?

Answer 2

The 3 arms of state must be separate to protect the liberty of a country’s citizens

Question 3

Why is Montesquieu’s theory not adhered to completely in the UK?

Answer 3

• The Lord Chancellor is involved in all three arms
• Judges can create common law

Question 4

What does the separation of powers ensure?

Answer 4

that the Executive does not overstep its constitutional powers

Question 5

S.3 of the Constitutional Reform Act 2005

Answer 5

Lord chancellor and government ministers must uphold the independence of the judiciary and must not seek to influence particular judicial decisions

Question 6

Lord chancellor and government ministers must uphold the independence of the judiciary and must not seek to influence particular judicial decisions

Answer 6

S.3 of the Constitutional Reform Act 2005

Question 7

Inferior judges can be removed by who?

Answer 7

The Lord Chancellor with the agreement of the Lord Chief Justice

Question 8

How can a superior judge be removed?

Answer 8

By a petition passed by Parliament to the monarch

Question 9

Sirros v Moore 1975

Answer 9

Judges have immunity of suit, so they can perform judicial duties without fear of being sued

Question 10

Judges have immunity of suit, so they can perform judicial duties without fear of being sued

Answer 10

Sirros v Moore 1975

Question 11

When was the Supreme Court created?

Answer 11

2009

Question 12

The creation of the Supreme Court separated what?

Answer 12

The judiciary from the legislature

Question 13

How did the creation of the SC separate the judiciary from the legislature?

Answer 13

Judges of the Supreme court are no longer allowed to be members of the HoL

Question 14

What judges are allowed to be MPs?

Answer 14

Part time judges, such as recorders

Question 15

What judges aren’t allowed to be MPs?

Answer 15

Full-time judges

Question 16

What are the salaries of judges paid out of?

Answer 16

The Consolidated fund

Question 17

The Consolidated Fund doesn’t need what?

Answer 17

Parliament authorisation

Question 18

Parliament can change what relating to judges?

Answer 18

• judicial retirements
• qualifying periods of service for pensions

Question 19

The government cannot dismiss what type of judges?

Answer 19

Superior judges

Question 20

Pinochet 1999

Answer 20

Judges cannot hear any case in which there is an issue that they are interested in

Question 21

Judges cannot hear any case in which there is an issue that they are interested in

Answer 21

Pinochet 1999

Question 22

Home Secretary case 1995

Answer 22

Judges can challenge the decisions of government ministers or public authorities if they are unlawful

Question 23

Judges can challenge the decisions of government ministers or public authorities if they are unlawful

Answer 23

Home Secretary case 1995

Question 24

Mental Health Tribunal 2001

Answer 24

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

Question 25

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

Answer 25

Mental Health Tribunal 2001