100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
constitutional objectives £7.49
Add to cart

Lecture notes

constitutional objectives

 0 purchase

a very well written but easy to understand overview of the topic

Preview 1 out of 3  pages

  • September 19, 2023
  • 3
  • 2022/2023
  • Lecture notes
  • Unsure
  • All classes
All documents for this subject (22)
avatar-seller
sansomeevie
Constitutional objectives (1)

Separation of Powers

In this session

- Define what is meant by a ‘constitutional objective’
- Consider what different theorists mean by ‘separation of powers’
- Look at some arguments that support the statement that the UK constitution has a strong
separation of powers
- Look at some arguments that support the statement that the UK constitution has a weak
separation of powers

What is a ‘constitutional objective’

- Constitution = set of rules, laws, practices that regulate how the institutions of state work,
and governs the relationships between the different institutions of state and the relationship
between the state, and the individual
- What are the rules/laws/practices supposed to provide or protect in society?

‘Power corrupts and absolute power corrupts absolutely’

John Dahlberg-Acton 1834-1902

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

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)

THEORY 3: BAGEHOT

- “a close union and an almost complete fusion of legislative and executive power” Walter
Bagehot (1867)

THREE UNDERSTANDINGS OF THE SEPARATION OF POWERS IN THE UK

- ‘PURE’ separation of all 3 institutions (personnel and function)
- ‘PARTIAL’ separation of all 3 institutions (personnel) but separate function
- ‘FUSION’ no separation of executive/legislature (but independent judiciary)
- Assess the evidence and determine which you think is the most accurate

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller sansomeevie. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £7.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

69252 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling
£7.49
  • (0)
Add to cart
Added