Lecture 4 - Separation of Powers1

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21 Terms

1

Separation of Powers

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

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2

Legislative Function

The branch of government responsible for creating laws.

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3

Executive Function

The branch of government responsible for implementing and enforcing laws.

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4

Judicial Function

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

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5

Montesquieu's View

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

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6

John Locke's Theory

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

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7

American Constitutional Design

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

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8

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.

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9

UK's Fusion of Powers

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

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10

Legislative Assembly

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

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11

US Constitution Article 1

Outlines the powers and structure of the Legislative Branch.

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12

US Constitution Article 2

Vests executive powers in the President.

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13

US Constitution Article 3

Establishes the judicial powers of the Supreme Court.

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14

Sovereign's Role

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

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15

Executive Dominance

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

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16

Delegated Legislation

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

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17

Judicial Independence

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

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18

Constitutional Convention

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

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19

Public Law

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

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20

Rule of Law

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

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21

Parliamentary Sovereignty

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

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