Separation of powers

What is the concept of separation of powers?

The separation of powers divides government into three branches: executive, legislature, and judiciary, each operating independently.

What is the purpose of separation of powers?

It prevents any one branch of government from becoming too powerful by creating checks and balances.

What principle underlies separation of powers?

Constitutional supremacy ensures that no branch exceeds its constitutional limits.

Can a law override the Constitution?

No, laws that conflict with the Constitution are unconstitutional and invalid.

Provide an example of case law regarding separation of powers.

Hinds v. Crown (Jamaica), where the court upheld judicial authority against an unconstitutional law.

What role does the judiciary play in separation of powers?

The judiciary interprets the Constitution and has judicial review to prevent violations of constitutional boundaries.

What is constitutional supremacy?

Constitutional supremacy means that the Constitution is the highest law, and conflicting laws are invalid.

How do courts enforce constitutional supremacy?

Courts use judicial review to nullify laws or actions that violate the Constitution.

What are conventions of the constitution?

Conventions are unwritten, non-legally binding practices followed by government officials.

Can conventions be enforced by courts?

No, conventions are political norms, not legally enforceable.

What is a convention in Jamaica?

The Prime Minister is appointed by the Governor-General from the elected majority in the House of Representatives.

What is another convention in Jamaica?

The Governor-General acts on the advice of the Prime Minister in executing executive powers.

What is the doctrine of separation of powers?

It divides the government into three branches: executive, legislature, and judiciary, each with its own function.

What is an example of case law for separation of powers?

Hinds v. Crown (Jamaica), where a law that encroached on judicial powers was struck down.

How does the Jamaican Constitution enforce separation of powers?

It ensures that each branch of government operates independently and can limit the power of others.

What does the judiciary do under separation of powers?

The judiciary ensures laws and actions align with the Constitution and maintains checks on other branches.

What is the issue in the Family Magistrate Act scenario?

The bill gives magistrates the jurisdiction previously held by High Court judges in family law, potentially violating judicial authority.

How does separation of powers apply in the Family Magistrate Act case?

The bill threatens judicial independence by altering the role of the judiciary without constitutional authority.

Can Justice McDonald challenge the Family Magistrate Act?

Yes, he can challenge the Act by arguing it violates judicial independence and the separation of powers.

What principle does Justice McDonald rely on in his challenge?

He relies on the principle of judicial independence and the separation of powers to argue that the Act is unconstitutional.