The Separation of Powers Flashcards
Which of the following best describes the separation of powers in the UK constitution?
A. The UK has a partial separation of powers with overlaps, particularly between the executive and legislature.
B. The judiciary and executive are constitutionally required to share law-making responsibilities
C. The powers of the executive, legislature, and judiciary are strictly and fully separated.
D. The separation of powers is non-existent in the UK.
A. The UK has a partial separation of powers with overlaps, particularly between the executive and legislature.
Explanation: In the UK, there is no strict separation of powers. Ministers are often MPs, creating overlap between the executive and legislature. However, reforms have strengthened judicial independence.
Which branch of the UK state proposes and implements laws, and oversees administration of the country?
A. The Legislature
B. The Judiciary
C. The Executive
D. The Monarchy
C. The Executive
Explanation: The Executive (Prime Minister, Cabinet, civil service) proposes laws and administers government functions. It plays a key role in law-making and policy enforcement.
A civil servant in a government department signs an order implementing a new housing policy without the relevant Minister’s signature. Is this likely lawful?
A. No, only the Minister personally can exercise powers granted by Parliament.
B. No, because civil servants have no delegated powers.
C. Yes, provided the civil servant is acting under lawful delegation within the department.
D. Yes, as civil servants can always act independently of ministers.
C. Yes, provided the civil servant is acting under lawful delegation within the department.
Explanation: Ministers may lawfully delegate their powers to civil servants within their department. This is standard practice in a large modern government system.
A new law has been passed in Parliament that the government disagrees with. Can the Prime Minister block its implementation by refusing Royal Assent?
A. Yes, if it contradicts government policy.
B. No, but they can delay it by advising the King to withhold assent.
C. Yes, as long as the Cabinet supports the decision.
D. No, because it would breach the convention that Royal Assent must be granted.
D. No, because it would breach the convention that Royal Assent must be granted.
Explanation: Royal Assent is always given as a matter of constitutional convention. Refusal would breach this convention and undermine parliamentary democracy.
The Supreme Court invalidates government action. The Prime Minister announces they will not comply with the judgment. Which constitutional principle is most clearly violated?
A. Parliamentary sovereignty
B. Ministerial responsibility
C. Separation of powers
D. Judicial independence
C. Separation of powers
Explanation: Ignoring a court ruling undermines the principle that each branch of government must respect the others. This is a violation of the separation of powers and judicial authority.
In a controversial case, the court creates a new legal principle not found in any statute. Parliament disagrees and passes legislation reversing the court’s decision. This demonstrates:
A. Executive supremacy
B. Judicial supremacy
C. Constitutional conventions
D. Parliamentary sovereignty
D. Parliamentary sovereignty
Explanation: Parliament has the legal power to override judicial decisions by passing legislation, as shown in the response to the Burmah Oil case. This affirms parliamentary sovereignty.
A judge refuses to apply a common law principle, stating that modern values no longer support it. Which concept best describes this?
A. Delegated legislation
B. Parliamentary supremacy
C. Judicial deference
D. Judicial activism
D. Judicial activism
Explanation: Judicial activism is when judges go beyond traditional interpretation to adapt or develop the law to fit changing social or moral standards, as in R v R (1992).
Which of the following best reflects Montesquieu’s argument about the separation of powers?
A) No branch of government should control or interfere with another
B) Parliament must always defer to the Executive
C) The judiciary should make law through judicial decisions
D) The monarch should approve legislation at their discretion
A – No branch of government should control or interfere with another
Explanation: Montesquieu argued that the concentration of legislative, executive, and judicial powers in the same hands would lead to tyranny. A separation of powers ensures liberty by maintaining institutional independence.
A newly passed Act gives the Secretary of State the power to make laws about data privacy. A judge later strikes down one of the Secretary’s regulations as exceeding this power. What does this best illustrate?
A) The supremacy of the executive
B) Parliamentary sovereignty
C) Judicial activism
D) The judiciary’s role in reviewing executive action
D – The judiciary’s role in reviewing executive action
Explanation: The courts have the authority to review whether the executive has acted within its legal powers. If the Secretary of State exceeds the authority granted by Parliament, the judiciary can intervene through judicial review.
Following a controversial ruling, Parliament quickly passes new legislation reversing the effect of the court’s decision. What constitutional principle does this illustrate?
A) The ability of Parliament to make or unmake any law
B) The dominance of the executive over the judiciary
C) The judicial role in enforcing constitutional limits
D) The binding nature of precedent in public law
A – The ability of Parliament to make or unmake any law
Explanation: This is a classic example of parliamentary sovereignty, where Parliament can override judicial decisions by changing the law. It underlines Parliament’s ultimate authority in the UK’s constitutional framework.
