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Essay Plan: The extent to which seperation of powers in UK (Executive and…
Essay Plan: The extent to which seperation of powers in UK
Executive and Legislative
EFFECTIVE seperation
certain members of executive are disqualified from holding parliamentry office
Limits to mem of gov ministers who may sit in HoC
Executive proposes bills but still need parliament oversight and approval
No confidence vote is an example of checks and balances
Parliament can scrutnise gov - questions, debates, general committee, select committees
NOT EFFECTIVE seperation
Lord Hailsham described as an 'elective dictatorship'
'first past the post' electoral system means most MPs in the HoC will be members of the political party that forms the gov
gov has significant control over parlimentry timetable - can dedicate time to gov's legislative programme
thus, most bills considered by parliament introduced by gov ministers, majority of these bills will be passed by parliament because majority of MPs represent governing party
Gov legislation often contains 'Henry viii powers'
Executive and Judiciary
EFFECTIVE in preventing excersise of arbitrary power
NOT EFFECTIVE in preventing excersise of arbitrary power
Judiciary and Legislature
EFFECTIVE in preventing excersise of arbitrary power
Constitutional Reform Act 2005 removed HoL judicial funtion and created the Supreme Court
Bill of rights 1869* gave parliment freedom of speech in parliament
HoC (disqualification) Act 2005 meant that judges can't be MPs
Consitutitional Conventions - MPs can't criticise judges and judges don't get involved in politics
'Sub-Judice' rule that parliament wont discuss cases before courts
NOT EFFECTIVE in preventing excersise of arbitrary power
Judiciary still creates legislation through case law and the interpretation of statute
Judiciary ordered a super injunction and parliament can just undo it
Judiciary can put pressure of legislature if they deem laws incompatible with ECHR
senior members of judiciary chair public enquiries - politcally sensitive
Intro and Conc
Introduction
Montesquieu - 18th cen french philosopher 'when the executive and legislative powers are united in the same person... there can be no liberty. Again, there is no liberty if the power of judging is not separated from the legislative and the executive'
Definition of SoP:
the idea that the Legislature, the Executive and Judiciary should operate as separate independent entities to ensure that there is a balance of power between them
Unhealthy concentration of power which could lead to arbitrary or oppressive government
System of checks and balances, as in reality each branch cannot operate in isolation from the other branches
identify functions of three branches and personel
legislative
- body that makes law - HoC HoL
judicial
- body that resolves disputes about the law - judges and magistrates
executive
- body that implements law - Prime minister, gov ministers, civil service, police, armed force
compare to US - unlike the US
Conclusion
There is a greater separation between the judiciary and the other branches than there is between the executive and the legislature.
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