WS 2 - Separation of Powers

Question 1

What were Dicey’s features of the Rule of Law?

Answer 1

• Legal certainty
• Due process of law
• Equality before the law
• Personal liberty
• Case law

Question 2

Where do Lord Bingham’s features go further than Dicey?

Answer 2

. Protection of human rights

. Complying with obligations of international law

Question 3

Hillaire Barnett definition of separation of powers?

Answer 3

a clear demarcation of functions between legislature, executive and judiciary in order that none should have excessive power, and that there should be in place a system of checks and balances between institutions

Question 4

Why an informal separation of powers in UK?

Answer 4

In the UK there is no formal separation of powers because we have an uncodified constitution (unlike, for example, the USA whose constitution is codified and aims to prevent executive dominance)

Question 5

Lord Steyn’s description of separation of powers in UK?

Answer 5

R(Anderson) v Secretary of State [2002] – “our constitution has never embraced a rigid doctrine of separation of powers. The relationship between the legislature and executive is close. On the other hand, the separation of powers between the judiciary and the legislative and the executive branches of govt is a strong principle of our system of government”