Self-test questions: Separation of powers

By Josie Welsh
. The ideas underpinning the doctrine of the separation of powers are often associated with Montesquieu's mid-18th century writings. However, the idea of avoiding a concentration of state power in one institution or individual was not new. The roots of the separation of powers idea can be traced back to Ancient Greece and the work of Aristotle who argued that such separation was necessary.

What did Montesquieu argue that the separation of powers seeks to avoid, in principle?

. One aspect of the separation of powers doctrine which manifests itself in the modern UK constitution is the requirement for an independent judiciary. The separation of powers is often seen as a safeguard of such independence. Much of this principle was settled in England and Wales following the Act of Settlement 1701.
Which of the following statements best describes the rationale for judicial independence?

. In the United Kingdom, the legislative branch of the state is formed of the House of Commons, the House of Lords and the Crown in Parliament. This is known collectively as the 'legislature'.
Which statement best describes the nature of legislative power?

. A pure model of the separation of powers means there is complete separation of power between the three branches: the judicial, executive and legislative powers. However, a pure separation of power does not create a system of checks and balances.
Which statement best describes the meaning of the term 'checks and balances' in this context?

. Priya has an established legal career as a barrister in London. She would like to apply to become a judge in England and Wales but is unsure of the process. She heard a rumour that it is not about experience but rather a case of 'who you know'. When Priya spoke to a friend from her chambers, he tells her that things have changed.
How does the process of judicial appointments work in England and Wales today?

. Prior to the Constitutional Reform Act 2005, the office of Lord Chancellor was seen to breach the fundamental principles behind the separation of powers.
Before 2005, why did the office of Lord Chancellor contravene the separation of powers?

. Part 3 of the Constitutional Reform Act 2005 has a notable effect on the separation of powers in the United Kingdom.
Which of the following statements best describes the effect of Part 3 of the Constitutional Reform Act 2005?

. A recent high-profile case in the Supreme Court has gained a lot of attention from the press and from the wider public. The court had to consider the merits of a decision to withdraw life-saving treatment from a baby, against his parents' wishes. The following day, there is a newspaper front page which targets the judges from the Supreme Court and suggests they are 'Foes, not Friends'.
Which of the following best describes modern constitutional practice in these circumstances?

. In the United Kingdom, the executive branch of the state is formed of the Government of the day (including the Cabinet), wider non-ministerial departments (such as the Department for Health and Social Care) and other agencies of the state such as the Police or armed forces. This is known collectively as the 'executive'.
Which of these statements best describes the nature of executive power?

. The Daily News decides to run a story about the role of judges after a series of high-profile cases. Part of the article states, 'Judges in England and Wales have law-making powers as well as hearing the cases we report on.'
Do judges in England and Wales have law-making powers? Which statement is most accurate?

. Dervla is studying Politics at university and has ambitions to become a future Prime Minister. She is reading one of her textbooks and learns that, by convention, the Prime Minister of the United Kingdom and Head of Her Majesty's Government must be a Member of Parliament. She has recently learned about the separation of powers and is wondering how this practice works alongside the theory she studied.
Which of the responses below provides the correct explanation to her query?

. The term 'separation of powers' refers to the separation of three distinct functions of democratic government.
What are those three distinct – or separate – forms of power?

. During a seminar on the separation of powers, an American student studying in the United Kingdom, Bill, explains that the United States Constitution follows the separation of powers much more strictly than the United Kingdom. Sarah, the lecturer, asks Bill to elaborate and summarise the differences between the two systems.
Which of the choices below might represent his response?

. In a recent lecture on the separation of powers, Rishi raises his hand to ask his lecturer, "Why is it so important that the judicial branch is separate from the political branches? And in particular, from the executive?"
Which of the examples below correctly sets out the lecturer's reply?

. Joyce Hargreaves has recently been elected as a Member of Parliament for her constituency. She is briefed as to her role and given guidance on the rules relating to Parliament and MPs. Joyce is told about the sub judice rule but when she comes back to her notes the next day, she cannot remember what it means.
Which statement below provides the best explanation of the sub judice rule?

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