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Separation of Powers and Rule of Law

Law10 CardsCreated 2 months ago

This deck explores the constitutional principles of separation of powers and the rule of law, examining their definitions, historical perspectives, and interrelationship.

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What is the main idea behind the separation of powers?

The separation of powers is a constitutional principle that divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

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Key Terms

Term
Definition
What is the main idea behind the separation of powers?
The separation of powers is a constitutional principle that divides government responsibilities into distinct branches to prevent any one branch from ...
Who famously said, 'Power tends to corrupt, and absolute power corrupts absolutely'?
John Dalberg-Acton
According to Aristotle, what are the three elements of all constitutions?
Deliberation about public affairs, offices, and judicial power.
What did Montesquieu argue about the union of legislative and executive powers?
He argued that when legislative and executive powers are united, there can be no liberty, as it may lead to tyrannical laws and execution.
What are the key components of the separation of powers?
Separate personnel, separate functions, and independence among the branches.
What does the Constitutional Reform Act 2005 signify in terms of separation of powers in the UK?
It reformed the role of the Lord Chancellor, replaced the Appellate Committee of the House of Lords with the Supreme Court, and created the Judicial A...

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Separation of Powers and Rule of Law
TermDefinition
What is the main idea behind the separation of powers?
The separation of powers is a constitutional principle that divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.
Who famously said, 'Power tends to corrupt, and absolute power corrupts absolutely'?
John Dalberg-Acton
According to Aristotle, what are the three elements of all constitutions?
Deliberation about public affairs, offices, and judicial power.
What did Montesquieu argue about the union of legislative and executive powers?
He argued that when legislative and executive powers are united, there can be no liberty, as it may lead to tyrannical laws and execution.
What are the key components of the separation of powers?
Separate personnel, separate functions, and independence among the branches.
What does the Constitutional Reform Act 2005 signify in terms of separation of powers in the UK?
It reformed the role of the Lord Chancellor, replaced the Appellate Committee of the House of Lords with the Supreme Court, and created the Judicial Appointments Commission.
What is the rule of law according to Albert Venn Dicey?
The rule of law includes the predominance of regular law, equality before the law, and protection of individual rights by common law.
How does the rule of law relate to human rights according to the Universal Declaration of Human Rights?
The rule of law is essential to protect human rights and prevent recourse to rebellion against tyranny and oppression.
What is the relationship between the rule of law and the separation of powers?
The separation of powers supports the rule of law, and the rule of law reinforces the separation of powers; both are fundamental constitutional principles.
What did Lord Bingham identify as a cornerstone of the rule of law?
The function of independent judges charged to interpret and apply the law.