Separation of powers

How proposed the separation of powers theory?

Montesquieu

How many Primary functions of the state are there?

3

What are the three primary functions of the state?

Judiciary

Executive

Legislature

What is the purpose off separating the three powers?

to safeguard the liberty of citizens

What is the legislature in Britain?

Parliament

What is the executive in Britain?

Government

What is the role of the judiciary?

to interpret and enforce the law

What is the role of the executive?

to put law into effect and administer the nations affairs

What is the role of the legislature?

to make and change laws

Which two powers are there an overlap between in the UK?

legislature and executive

Why is there an overlap between executive and legislature?

ministers in government also sit in parliament

What is judicial independence?

the independence of judges from other government bodies

How was the role of Lord Chancellor reformed?

not a judge

not head of the Judiciary

no longer central in appointing judges

not automatically speaker in the house of lords

What is the Lord chancellor still head of?

Ministry of Justice

What act implements security of tenure?

Act of settlement 1701

What is security of tenure?

Senior judges cannot be removed by parliament, only the monarch

What does security of tenure mean cannot influence the dismissal of judges?

political inlfuence or government control

Can judges be sued?

No, they are immune

How does immunity from suit protect judicial independence?

they can do their job so they do not fear consequences

What case supports immunity from suit?

Sirros vs Moore

What act causes independence from the executive?

s.3 Constitutional reform Act 2005

What does s.3 Constitutional reform Act 2005 bar ministers from doing?

influence judicial decisions

Who appoints judges?

the Judicial appointments commission

How does the judicial appointments commission support judicial independence?

They are selected on merit in a transparent process

How are judges independent from parliament?

Judges cannot be apart of the houses of commons

What was the main reason of the creation of the supreme court?

to seperate the judiciary from the legislature

What is Sovereignty of parliament?

The judge must apply any law made by parliament even if they think it is wrong

What case demonstrates a lack of independence from the case?

Pinochet

What is independence form the case?

Judges must not have any interest in a specific outcome of the case