Separation of powers

2nd overlap (EJ)

Ministers sometimes exercise quasi-judicial powers. 1. Hearing planning applications. 2. Making decisions on immigration. 3. Home Secretary's Prerogative of Mercy.

Which academic believed in the strict separation of powers?

Montesquieu.

What are the advantages of an overlap between the legislature and the executive?

1. "Efficient secret" makes things work and gets things done. 2. Ministers and Government departments can make delegated legislation- can be used in a time of emergency.

What are the disadvantages of an overlap between the legislature and the executive?

1. Government can push through pretty much any piece of legislation through Parliament. 2. Whip system makes sure the MP's vote in line with the Government. 3. Party loyalty means MP's won't vote for another party.

What are the disadvantages of strict separation of powers?

1. There could be constitutional deadlock due to the lack of communication. 2. The three bodies might conflict with each other. 3. There is a risk of an abuse of power due to the lack of communication, as there will be no checks or balances.

1st check (EJ) Judicial review

Allows individuals to challenge the abuse of power by Government bodies in the High Court.

3rd overlap (EJ) Tribunals

Appointment by Government, yet they may make judicial-type decisions.

What would strict separation mean?

Completely different individuals should sit in each body, no interference between the bodies, and the bodies should have completely separate functions.

Which statute removed the very significant overlap between the bodies?

Constitutional Reform Act 2005.

3rd check (LE) Parliamentary scrutiny of the executive

For example, Question Time.

3rd check (EJ) s 4 HRA 1998

Gives ability to judges to make Declarations of Incompatibility.

1st check (LE) House of Commons Disqualification Act 1975

Government cannot pack the House of Commons with ministers because this would make it easier to dominate the Commons.

4th check (LE) Convention of collective ministerial responsibility

Government ministers are directly accountable through Parliament to the people.

2nd check (LE) Parliament Act 1911

House of Lords can veto any attempt to extend the life of a Parliament.

2nd check (EJ) Judicial independence

Judges are independent from Government (s 3 CRA 2005).

What are the three different bodies?

Legislature, executive and judiciary.

1st overlap (EJ)

Lord Chancellor was both a Cabinet Minister and the head of the Judiciary. Today he is no longer the head of the Judiciary, and has a limited role in appointing judges.

Whose role was especially overlapping?

Lord Chancellor.

Does the UK constitution have a total separation of powers?

No. There are some overlaps, but it is still easy to identify the different bodies.

What are some overlaps between the legislature and the executive?

The Prime Minister, Cabinet minister and Government ministers.

5th check (LE) Parliament can force the Government to resign

This can be done by a vote of no confidence.

What is the purpose of the doctrine of Separation of powers?

To provide checks and balances to prevent the abuse of power.