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Separation of Powers - Coggle Diagram
Separation of Powers
Overview
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traced back to classical times, mainly developed in the enlightenment period
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UK attachment to parliamentary sovereignty has meant that the three bodies of state are not co-equal like in the US
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The Executive
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the executive can make law in the form of secondary legislation as long as parliament has given prior authority in a parent act
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The Attorney Generals role remains a source of concern in the separation of powers as this office has both a policitcal, executive and legal dimesion
Law Making
the courts do not make law, they interpret it
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pattern of case law reveals that the courts are conscious of their place and of the appropriateness of deferring to parliament
where the legal issue is novel, with no common law themes or if the matter is politically or ethically contentious then it can be referred
Judicial Scrutiny
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Courts can review secondary legislation and have limted powers under the HRA to determine the compatibility of all legislation but they cannot invalidate primary legislation
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Executive must act within their powers and also respect the jurisdiction of the courts and authority of court orders
the judiciary are a constitutional guardian of the role and function of parliament in the face of an executive overreach
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