The Separation of Powers Flashcards
1
Q
who makes law
A
parliament
2
Q
what is the British constitution based on
A
(unwritten) separation of powers
3
Q
what does judiciary do
A
interpret law
4
Q
according to Montesquieu, L’Esprit des Lois (spirit of the law)
A
when legislative power is united with executive power…… there’s no liberty because one can fear the same monarch or senate that make tyrannical laws will execute them tyrannically.
5
Q
Montesquieu argument
A
- state must perform 3 key function:
* legislative (parliament)- law makers
* executive (government department)- put law into effect
* judicial (court)- interprets & uphold law
