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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.
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Separation Of Powers Revision
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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)
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