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21 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What are the three separations of power? |
1. Legislative 2. Judiciary 3. Executive |
You should know this. |
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What was said be Lord Mustill in R v Home Secretary ex. P., fire brigades Union? |
'It is a feature of the peculiarly British conception of the separation of powers hat parliament, the executive and the courts have each their distinct and largely exclusive domain' |
It is a feature... |
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What was said in R v Home Secretary ex P fire brigades Union on the separation of powers? |
'Parliament has a legally unchallengeable right to make whatever laws it thinks is right. The administration carries out the administration of the country in accordance with the powers conferred on it by law, and see that they are obeyed' |
'Parliament has a legally unchal... |
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What did J. Locke believe was the reason for the separation of powers? |
Avoid rulers being able to 'suit the law, both in its making and execution, to their own private advantage' |
Avoid rulers... |
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If power is not separated... |
...'There is no liberty' |
There... |
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Would is the problems with parliament passing of a lot of its law making power? |
This means that the elected parliament is not making the decisions. |
Elected parliament |
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What is a the quote and by who, that points out the problem with the transfer of power to the executive? |
'The exigencies of modern states have lead legislators to transfer much of their law making powers to administrators' |
The exigencies |
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What is one of the historical problems facing the separation of powers? |
Lord chancellor was the head of the judiciary, a member of the cabinet and a speaker at the House of Lords. |
Lord chancellor |
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What are the problems between the legislature and the executive? |
Some common members, parliament legally sovereign but government politically supreme and they have an overlap of function. |
Common, politically supreme, overlap |
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What are the problems between the executive and judiciary regarding the separation of powers? |
Judges formally appointed, but not removable, by government. Overlapping functions eg tribunals. |
Judges and overlap |
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What did Lord justice Nolan say in M v Home Office? |
'The courts will respect all acts of the executive within its lawful provinces, and that the executive will respect all decisions of the courts as to what it's lawful province is' |
The courts will respect... |
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'A certain degree of tension between the judiciary and executive is... |
... Inevitable and healthy' |
I and h |
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What happened in Carlisle? |
Home Secretary banned Iranian dissident visiting the UK after invitation from members of the House of Lords. Supreme Court decided the ban was legal |
Ban from UK. |
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What are the problems between the legislature and the judiciary? |
Judges are removable by parliament. Courts have limited powers to review legislation (eu law, hra) |
Removable by P. Courts have.. |
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What is the CRA2005? |
Constitutional reform act 2005. Legislative changes were made to the hol now S |
Legislative changes to... |
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What are the rules of the judicial tenure? |
Judges serve 'during good behaviour' and may be removed 'on the address of both Houses of Parliament'. |
During good... |
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What would be the issues with judicial independence? |
Appointment of judges and security of tenure. |
App & sec |
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What was said by the House of Lords constitution committee? |
'If there has been no significant increase in the number of women and BAME judicial appointments in five years time the government should consider setting non mandatory targets for the jac to follow'. |
Significant increase... |
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HRA and CRA have done what for the judiciary? |
Increased its role and judicial self confidence. |
Increase... |
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Are we experiencing a shift towards the legal constitutionalism in the uk? |
Perhaps: increasing emphasis on rights, RoL, separation of powers and role of the courts. |
Perhaps... |
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What are the disadvantages of legal constitutionalism? |
'It puts faith in judges whom I would trust no more than I trust princes' J A G Griffin. |
J. A. G. Griffin. |
