GDL Law Notes > Cambridge/Bpp/College Of Law GDL Law Notes > GDL Constitutional and Administrative Law Notes

Separation Of Powers Notes

This is a sample of our (approximately) 7 page long Separation Of Powers notes, which we sell as part of the GDL Constitutional and Administrative Law Notes collection, a D package written at Cambridge/Bpp/College Of Law in 2017 that contains (approximately) 331 pages of notes across 29 different documents.

Learn more about our GDL Constitutional and Administrative Law Notes

The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

Separation Of Powers Revision

The following is a plain text extract of the PDF sample above, taken from our GDL Constitutional and Administrative Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

Con & Ad: Separation of Powers Introduction

- Crux: not much formal SOP in UK, but how much practical adherence to theory?

- Prima facie: lack of formal SOP in UK constitution - esp. between executive + legislature. no formal SOP: uncodif ied constitution, due to historical development (cf. France, USA); overlaps (e.g. Queen: head of all 3 branches).
[Ld Hailsham]: 'elective dictatorship' - legislature effectively controlled by executive.
[Barendt]: 'no effective SOP between legislature + executive in the system of checks + balances.'.
[De Smith & Brazier]: 'no writer of repute would claim that SOP is a central feature of the modern British Constitution' (BUT: formalistic view).
[Prof Hood Phillips]: 'constitutional myth'.

- BUT: in practice, some adherence - esp. effective separation of judiciary from other 2 branches. practical SOP:

1. statutes + conventions.

2. judicial independence. strengthened by recent developments:

1. growth of judicial review (esp. after GCHQ).

2. evolution of substantive rule of law.

3. HRA 1998.

4. A & Others (2004)

****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our GDL Constitutional and Administrative Law Notes.