The Institutions of Government and The Separation of Powers

What does Section 3 of the Human Rights Act 1998 tell courts to do?

Courts can be told what to do by Parliament. Tells courts how to interpret legislation.

What is Judicial Independence?

Courts must be separation from politics and government. Constitutional Reform Act 2005 changed judicial appointment process.

What are the Parliamentary limits on the Government?

Max. 95 ministers from the House of Commons (House of Commons Disqualifications Act 1975); Accountability mechanisms like select committees and question time.

Where is the Separation of Powers found within the UK Constitution?

Bill of Rights 1688; Act of Settlement 1700 insured judicial independence.

What are the 3 institutions of Government?

Making Laws Decision and policy making Judges dispute and upholding the law

What is Montesquieu's take on Separation of Powers?

'No Separation of Powers means no liberty. Tyrannical rule if no Separation of Powers.'

How many people are elected into the House of Commons, how is Government formed and how are the political parties split up in Parliament?

650 MP's elected every five years. Political party with majority asked to form Government. Government sits on the left and opposition sit on the opposite side in the party. Speaker is elected within the HOC to oversee debates.

What cases demonstrate the fact that courts can step in and which act states that they're allowed to do so?

Anisminic v Foreign Compensation Commission; R (Evans) v AG, R v Secretary of State for Transport, ex p Factortame; Section 4 Human Rights Act 1998.

What did the Bill of Rights 1800 create?

Created Parliamentary Sovereignty. First Minister, AKA Prime Minister was created.

What is the Constitutional Reform Act 2005?

Created UK Supreme Court. Highest court but still inferior to Parliament.

How is a Bill passed in the UK?

Go through readings, a committee stage and then sent to the monarch for royal assent.

Definition of Bicameral

Having two branches or chambers. House of Lords and Commons.

What is Separation of Powers and what are the defining cases?

Institutions should act separately from one another. To preserve the rule of law and prevent abuse of power. R v HM Treasury, ex p Smedley R (Evans) v AG

What is Judicial Review and what is the defining case?

Overlaps courts with government. They review what government is doing. They have to have legal grounds to strike down government policies. Entick v Carrington Re M

Can Parliament overrule a decision made by Parliament and if so, what is the defining case?

Parliament can overrule as seen in Burham Oil v Lord Advocate, creating the War Damages Act 1965.

Who works within a Government?

Prime Minister; Cabinet (Constiting of heads of departments; Civil service. Policies are created and voted upon in the cabinet. There are 25 different department.

What does Barendt say on the topic of overlapping institutions?

Purpose of overlaps is to "keep check on the exercise of powers by others by reviewing the exercise of power."

How does Parliament scrutinise the Government?

Question Time. A select committee of 12 that look at each department and publish their findings.

Where does Government get their power from?

Statutes.

Do courts have the power to review Government and if so, how so?

They can be striking out any government decision that is made unlawfully. They can't do it to Parliament Acts because they're supreme.

How do Government make primary and secondary legislation?

They fill in gaps in vague act (Secondary law making). Parliament can give power to Government to make amendments to Primary Legislation through Henry VIII Clauses.

How do people come to be Lords, what are their powers and what are the type of lords?

They're appointed twice a year through New Year's honours list or the Queens Birthday list. HOC can legislate without permission of the lords. HOL can't stop a bill being pasted. majority of lords are life peers; hereditary peers and lords spirituals who are bishops.

What are the two ways in which Government run the country?

executing laws made by parliament promoting changes in the law