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15 Cards in this Set
- Front
- Back
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Montesquieu |
if all the powers aren't separate, the power over the life and liberty of the citizens would be arbitrary. All would be lost if the same man or the same body of principal men,... exercised these three powers: |
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Branches of Government |
Legislature Makes the law Executive Enforce the law Judiciary Applies the law
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Barendt/vile |
Pure and partial |
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Maddison |
4th US President Checks and Balances Works well in theory but difficult to achieve in practice |
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US Constitution |
Based on the Separation of Powers
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US Branches |
Congress = legislature
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US Checks and balances |
Presidential veto - Article 1, section 7 Impeachment - Article 3, section 7 Presidential appointment of judges - Article 2, section 2 Judicial Review? -Marbury v Madison 1802 court's interpretation of Article III |
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UK Separation |
Much less clear cut Constitution is a product of evolution not revolution Results in “weak separation” Lord Diplock in Hinds v The Queen - separation part of constitution
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Weak separation |
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Constitutional Reform Act 2005 |
Supreme Court Lord Chancellor previously, speaker in House of Lords, Sat on House of Lords court, member of the executive Judicial Appointments Commission Lord Chancellor still appoints the judges guarantees of salary and tenure to judges |
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The Crown
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power to appoint the Prime Minister - personal orders in council or the powers of pardon - ministerial advice The prerogative power cannot be widened (BBC v Johns) prerogative powers are being diluted by statue or are unlikely to be used again, such as the power to press-gang people into the navy. An order in council used to overturn a decision in the High Court - the exile of Chagossians |
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Perogatives and the court |
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Prerogative and statute |
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Executive/PM |
gov dominance of legislature |
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Judiciary |
The Human Rights Act 1998 and the membership of the UK in the EU both give the judiciary limited powers to act as a check on Parliament Statutory interpretation does give the court’s some power Fisher v Bell - interpretation Jackson v AG - supremacy commonlaw rule |
