L2 Separation of Powers

What does it mean that the UK has an “uncodified” constitution?

It means the constitution is not contained in one single written document. Instead, it is made up of several sources, including statute, common law, royal prerogative, conventions, official documents, academic writing, and normative ideas.

According to Miller No 1, how are the UK’s constitutional arrangements described?

They are described as having developed over time in a pragmatic as much as principled way, through a combination of statutes, events, conventions, academic writings, and judicial decisions.

What was the constitutional significance of Magna Carta 1215?

Magna Carta was the first notable source of the UK Constitution and introduced formal limits to the legal powers of the Monarch.

What did the Glorious Revolution of 1688 and the Bill of Rights 1689 achieve?

They strengthened Parliament’s position by limiting the Monarch’s powers, including preventing the Monarch from executing or suspending laws without Parliamentary approval, requiring Parliament to meet frequently, and protecting parliamentary privilege such as freedom of speech in Parliament.

What is the modern role of the Crown in the UK constitution?

The Crown now has a diminished and mostly ceremonial role. It grants Royal Assent, has some reserved powers such as choosing the Prime Minister and dissolving Parliament, and the Monarch is expected to “consult, encourage, warn.”

What does Miller say about ministers and the Crown’s administrative powers?

The Crown’s administrative powers are exercised by ministers, who are answerable to Parliament. Those powers must remain compatible with legislation and the common law, because ministers cannot change or infringe the law.

What is the basic idea behind the separation of powers?

The idea is to divide state power between different branches so that no single person or body controls law-making, law-executing, and law-judging. This helps preserve liberty and prevent abuse of power through checks and balances.

What are the three main degrees of separation of powers?

Absolute power means one body or person exercises all three functions. Absolute separation means three separate bodies with no overlap in function or personnel. Fusion means some overlap between functions and personnel, but with checks and balances.

Why is the UK described as having only a partial separation of powers between the executive and legislature?

Because the executive sits within Parliament: the government is made up of MPs led by whoever can command the confidence of the House of Commons. This means there is no firm separation between executive and legislature.

What are secondary legislation and Henry VIII powers?

Secondary legislation is law made by ministers or other bodies under powers given by an Act of Parliament, usually through statutory instruments. Henry VIII powers are powers that allow ministers to change primary legislation using secondary legislation.

How did the Constitutional Reform Act 2005 change the relationship between the executive and judiciary?

It removed the Lord Chancellor’s judicial role and head-of-judiciary role. The Lord Chief Justice became head of the judiciary, and the Lord Chancellor became Secretary of State for Justice, helping separate the judiciary from the executive.

What is the judiciary’s role in relation to the executive and Parliament?

The judiciary protects the rule of law by allowing citizens to challenge executive action before an independent court. It interprets legislation, but it cannot invalidate primary legislation, which shows judicial subordination to Parliament.

What protections support judicial independence in the UK?

Judges should be protected from executive pressure or influence, Parliament should not interfere with court proceedings through sub judice rules, and Parliament’s proceedings are protected by Article 9 of the Bill of Rights 1689, which gives “absolute privilege.”

What was the effect of the Constitutional Reform Act 2005 on the UK’s highest court?

It created the Supreme Court as a separate institutional body physically separate from Parliament. Before 2009, the highest court was the Appellate Committee of the House of Lords, which was part of the legislature.

What are the main takeaways from the lecture on separation of powers in the UK?

The UK constitution has multiple sources, the Crown’s role has changed over time, the UK has three core constitutional principles, and the separation of powers is partial rather than absolute. The aim is to prevent abuse of power and provide checks and balances.