Lecture notes
constitutional objectives
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- Sheffield Hallam University (SHU)
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Constitutional objectives (1)- separation of powersWhat is a constitutional objective
- Constitution= set of rules, laws, practices that regulate hoe the institutions of state work,
and governs the relationship between the different institutions of state and relationship
between the state and the individual.
- What are the rules/ laws/ practices supposed to provide or protect in state?
‘power corrupts and absolute power corrupts absolutely’- John Dahlberg-Acton 1834-1902
Constitutional objectives prevent the abuse of power
The three institutions of state and their main functions
Legislature- makes law and keeps a check on the executive
Executive- responsible for provision of services, national policy
Judiciary- enforce law, settle disputes about the meaning of law
Separation of powers: The theories
Theory 1- Montesquieu
“All would be lost if the same man or the same body of principle men exercised these three powers:
that of making the laws, that of executing public resolutions, and that of judging the crimes or the
disputes of individuals”
(Baron von Montesquieu, The Spirit of the Laws, 1748)
Theory 2- Blackstone
“It is highly necessary for preserving the balance of the constitution, that the executive power should
be a branch, though not the whole, of the legislature. The total union of them, we have seen, would
be productive of tyranny; the total disjunction of them for the present, would in the end produce the
same effects” (William Blackstone)
- Each institution of state has some role to play in making sure that there are some
mechanisms to prevent abuse of misuse of power.
Theory 3: Bagehot
“a close union and an almost complete fusion of legislative and executive power” Walter Bagehot
(1867)
3 understandings of the separation of powers in the UK
PURE- separation of the 3 institutions
PARTIAL- separation of all 3 institutions but separate function
FUSION- no separation of executive/ legislature
Overlap of personnel?
House of commons disqualification act 1975
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