Exam prep useful points

Walter Bagehot

Identified “fusion” of powers as the “efficient secret” of the UK Constitution.

Cabinet sits with Parliament

Prevents gridlock

Corona Virus Act 2020

Gov were able to lead Parliament

• Drafted and o passed the Act in just 4 days

= efficient and quick

Sunset clauses

• Powers would expire unless renewed.

  • highlights how even tho E can act fast they remain responsible to Parliament who must vote periodically to keep the powers alive.

US system= take weeks or months

Henry VIII clauses

Found in legislation like:

• European Union (withdrawal) Act 2018

• Retain EU Law 2023

= gives Ministers the power to amend primary legislation with little to no debate in the House of Commons.

Parliaments primary purpose= make and scrutiny laws

→ taking that power away and giving to executive = elective dictatorship.

Rwanda Act 2024

Normally J decide facts and P decides policy.

E used L to “legislate a fact” → blinding courts.

= Forced judges to ignore evidence and follow statutory truth → Executive erodes Judiciary primary function:

• protect individuals from arbitrary state power → suggest overlap is no longer about efficiency but about Constitutional avoidance.

  • Used P to make G immune to legal challenge.

    • Breach of comity

    • J no longer check on power- imbalance of constitution.