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Separation of Powers - Coggle Diagram
Separation of Powers
Overview
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Shaw v Director of Public Prosecutions: Shows judicial activism. Judges being viewed as stepping over into creation of law
Malone v Metropolitan Police Commissioner- Judicial Deference- Judges trying not to intercept when power should be with P to decide
Gillick v West Norfolk Health Authority: Senior court judges often have to make decision in absence of statute or common law authority. Common law develops with changing political and cultural climate
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Airedale NHS Trust v Bland- gave first guidance that people in permanent vegetative state can be withdrawn from treatment if it is in best interests. They did warn it is for P to legislate on
R (Evans) v AG- Evans requested copy of Prince Charles' correspondence lobbying Gov agencies and Gov dept refused. Upper Tribunal held many of the letters classed as 'advocacy correspondence' should be disclosed. AG issued a cert under statute overriding the decision. Evans sought JR, this reached to SC, saying: AG's conduct had contradicted fundamental principle that a court's decision could not be ignored or set aside by anyone, including the executive.
Devolution
Scottish P, National Assembly for Wales, Northern Ireland Assembly, Scottish Gov, Welsh Gov, Northern Ireland Executive
Enabling Acts: Scotland Act 1998 & 2016, Govt of Wales Act 1998 & 2006, Wales Act 2017, Northern Ireland Act 1998 & 2006
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Devolved matters are delegated to devolved administration and reserved matters are decided by Westminster P despite having effect in other places
Reserved matters: Immigration, defence and foreign policy
Devolved administrations are funded by HM Treasury at Westminster and set within the framework of public expenditure control in the UK and scrutinised by P through Spending Reviews & local taxes
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Joint Ministerial Committee discusses: consider non-devolved matters which impinge on devolved responsibilities and visa versa, discuss treatment of devolved matters, keep arrangements for liason between UK Gov & devolved administrations under review, consider disputes between administrations
Executive
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Executive & Judiciary: Home Secretary used to set tariff on those being imprisoned during 'her majesty's pleasure'. Executive used to be part of a network of tribunals
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Constitutional Reform Act 2005 limited overlap of powers for Lord Chancellor. Role now more political than judicial
Judiciary
Act of Settlement 1701 confirmed judges could not be removed from their posts by Gov 'during good behaviour'
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Senior Courts Act 1981 - Judicial security of tenure stops politically motivated dissmissal. Judges hold office during good behaviour