The Separation of Powers (EXAM)

Question 1

How many chapters are in the constitution?

Answer 1

8
1 Parliament 
2 The Executive Government
3 The judicature
4 Finance and Trade
5 The States
6 New States
7 Misc. 
8 Alteration of the Constitution

Question 2

Define separation of powers

Answer 2

the vesting of the legislative, executive, and judiciary powers of government in separate bodies

Question 3

How are the different arms of government separated in the constitution?

Answer 3

By having different chapters assigned to different arms, the powers cannot be interchanged between different arms, therefore the separation of powers is based on the construction of the constitution

Question 4

Who devised the separation of powers?

Answer 4

Montesquieu

Question 5

What are the three arms of government?

Answer 5

Legislature, Executive and Judiciary

Question 6

Which two arms of government are combined?

Answer 6

The Legislature and the Executive

Question 7

What does ultra vires mean?

Answer 7

If a law is made out side of the Government’s jurisdiction, it will be void from the beginning. Also, void ab inito

Question 8

What is the common law principle of legality?

Answer 8

which requires courts to favour an interpretation of a statute, if one be available, that is compatible with common law rights and freedoms rather than an interpretation by legislation or other means which would override them.