separation of powers
example of judicial checks on govt
Belmarsh case.
difference between usa and uk separation of power:
In the UK, parliament is supreme. UK judges lack the same power to declare laws unconstitutional as US judges. Two supreme courts with very different powers; UK judges can't strike down legislation but usa supreme court can declare legislations as unconstitutional.
CHARACTERISTICS OF JUDICIARY IN UK:
Judicial independence Seen as independent Neutral arbiters, like referees Interpret and not make law.
what is the separation of powers in the usa?
Legislative: congress Executive: president Judicial: supreme court
more overlaps in govt:
Legislature and Executive = queen and cabinet ministers are members of both. Executive and Judiciary = aside from the queen, the Lord Chancellor traditionally had feet in both camps, but this is no longer the case. Since the constitutional reform act of 2005, the LC is now a cabinet minister (exec) and commons MP (legislature) but not a judge.
legislature
Queen in parliament. her function is to oversee the enactment of statutes.
CONSTITUTIONAL OVERLAPS OF THE CABINET:
THE POSITION OF CABINET MINISTERS RESTS UNEASILY WITH A STRICT SEPARATION OF POWERS, GIVEN OVERLAPS IN THEIR CONSTITUTIONAL REMIT AND JURISDICTION. TO BE IN A CABINET, ONE MUST (BY CONVENTION) BE A MEMBER OF THE HOUSE OF COMMONS, I.E. AN MP, OR THE HOUSE OF LORDS, I.E A PEER. Cabinet ministers overlap as they're members of both the legislature and the executive.
is the sovereign in a unique constitutional position?
Yes. She is a part of all three organs of govt. Legislature - queen in parliament. Executive - head of executive The judiciary - the task of administering justice is carried out by members of a judiciary acting in The Queens Name.
executive
her majesty's govt and ministers. their function is the administration and the governance of the country.
Checks and balances in the USA:
limited constitutional overlaps; e.g. president cannot sit or vote in congress. There are restrictions on the term and tenure of the presidents. i.e. limited to max 2/4 year terms The president is elected separately to congress. like, there can be a democratic president but a republican congress majority.
judiciary
royal courts of justice. their function is to oversee the adjunction of disputes and the interpretation of statutes.
legislature and judiciary overlaps
the law lords (formerly the uk's highest appeal court) previously the law lords were judges as well as members of the 2nd chamber of parliament (HoL) but by convention were expected to remain politically neutral. Perception of an overlap of function.
Wade said...
the separation of powers means that no person or body should form part of more than one of the three organs of govt. (LEJ) But there are some overlaps. Some of these overlaps, however, have been limited due to the constitutional reform act of 2005.
why is the separation of powers important?
without a separation of powers, there are no controls (checks and balances) on those in control of government. unlimited power vested in the leader. usually leads to abuse of powers.
