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The Judiciary and the Supreme Court

The separation of powers in the UK

  • 3 things to know
  • AS Unit 1

Overview

Doctrine of the separation of powers, checks and balances and argument that a fusion of powers makes government more effective.

What you need to know

Answer each one before you reveal it.

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Numbers

Which writer is most associated with the separation of powers?

Key term

Why is the UK said to have only a partial separation of powers?

Key term

What did Bagehot identify as the efficient secret of the constitution?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the doctrine of the separation of powers?

    Model answer

    It holds that legislative, executive and judicial functions should be exercised by different people and bodies so that no branch can dominate.

  2. 2

    Which writer is most associated with the separation of powers?

    Model answer

    Montesquieu, who set out the threefold division in The Spirit of the Laws in 1748.

  3. 3

    Why is the UK said to have only a partial separation of powers?

    Model answer

    The executive is drawn from and sits in the legislature, so those two branches are fused even though the judiciary is separate.

  4. 4

    What did Bagehot identify as the efficient secret of the constitution?

    Model answer

    The close union of executive and legislative power through a Cabinet drawn from the majority in the Commons.

  5. 5

    Give one example of the overlap between the executive and the legislature.

    Model answer

    Ministers must be members of the Commons or the Lords, so they make the laws they will then administer.

  6. 6

    How was the office of Lord Chancellor formerly an exception to the separation of powers?

    Model answer

    The Lord Chancellor sat in all three branches at once, as a Cabinet minister, as Speaker of the Lords and as head of the judiciary.

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The British Constitution
The Judiciary and the Supreme Court
The UK Executive
Parliament and the Accountability of Government

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AAccess is bought rather than earned.
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CMuch of it happens where the public cannot see it.

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Statute law is enacted by the legislature.
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