Questions

1. What is meant by the separation of powers?
2. What is the purpose of separation of powers?
3. Explain (a) pure and (b) partial separation of powers. Which model does the UK operate?
4. Overall, how is power divided in the UK?
5. What are ‘checks and balances’ and why are they important?
6. Which branch is subject to most control by the others?
7. What did Bagehot mean by the ‘almost complete fusion of legislative and executive power’ in the UK?
8. How did Nolan LJ describe the relationship between the executive and the judiciary?
9. Why is it important to have an independent judiciary?
10. Which three important reforms did the Constitutional Reform Act 2005 introduce?

Answers

1. The separation of powers is a doctrine requiring that executive, legislative, and judicial powers within a state should be clearly divided and allocated to separate institutions.
2. The aim is to prevent the concentration of power in any one branch and reduce the potential for arbitrary or oppressive exercise of power.
3. (a) Pure separation of powers requires strictly divided power between the three branches where each has its own self-contained functions and membership, and does not exert power or control over the others; (b) partial separation of powers allows interaction between them, with an intermingling of powers and some overlaps. The UK operates the partial model which ensures efficiency.
4. Power in the UK is divided into the legislative, executive and judicial functions but there is significant overlap between the legislature and executive.
5. Checks and balances are mechanisms which regulate the relations between the three arms of state and are important because they ensure accountability but also operate with mutual respect.
6. The executive (government) through parliamentary scrutiny and judicial review by the courts.
7. Under the Westminster system, government ministers are drawn from within parliament so the government is embedded within parliament.
8. The courts respect all acts of the executive within its lawful province, and the executive respects all decisions of the courts about what its lawful province is.
9. The judiciary plays a crucial role in ensuring the accountability of the executive, so judges must be independent from the executive to safeguard the rights and freedoms of individuals and uphold the rule of law.
10. It reformed the office of Lord Chancellor, created a new Supreme Court to replace the Appellate Committee of the House of Lords, and created the independent Judicial Appointments Commission.