Lecture 4 - Separation of Powers1

Separation of Powers

A doctrine that divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

Legislative Function

The branch of government responsible for creating laws.

Executive Function

The branch of government responsible for implementing and enforcing laws.

Judicial Function

The branch of government responsible for interpreting the law and administering justice.

Montesquieu's View

Argued for strict separation of powers with checks and balances to prevent tyranny.

John Locke's Theory

Proposed that the three powers of the State should not be consolidated in one person to avoid abuse.

American Constitutional Design

The US Constitution was crafted to enforce the separation of powers among legislative, executive, and judicial branches.

Checks and Balances

System that ensures that no one branch of government becomes too powerful by providing each branch the means to limit the actions of others.

UK's Fusion of Powers

The merging of executive and legislative powers in the UK, where the Prime Minister is part of the legislature.

Legislative Assembly

The gathering of elected representatives that discusses, debates, and votes on laws.

US Constitution Article 1

Outlines the powers and structure of the Legislative Branch.

US Constitution Article 2

Vests executive powers in the President.

US Constitution Article 3

Establishes the judicial powers of the Supreme Court.

Sovereign's Role

In the UK, the Sovereign is integral to the legislative process and executive functions.

Executive Dominance

A situation where the executive branch exerts strong control over the legislative branch, often referred to as 'executive capture'.

Delegated Legislation

Laws made by an individual or body under powers given to them by an Act of Parliament.

Judicial Independence

The principle that the judiciary exists independently of the other branches of government.

Constitutional Convention

A practice that is followed in a state even if it is not codified in law.

Public Law

The branch of law governing the relationships between individuals and the government.

Rule of Law

The principle that all people and institutions are subject to and accountable to the law.

Parliamentary Sovereignty

The principle that Parliament has the right to make or unmake any law.