Podcast
Questions and Answers
Which term is synonymous with the separation of powers?
Which term is synonymous with the separation of powers?
- Checks and balances (correct)
- Centralized authority
- Division of labor
- Hierarchical structure
The judiciary's function is to create new laws.
The judiciary's function is to create new laws.
False (B)
What is the main function of the executive branch?
What is the main function of the executive branch?
To make decisions about government policy and set priorities for programs and services.
The independence of the judiciary is ensured by the appointment and security of _________ of judges.
The independence of the judiciary is ensured by the appointment and security of _________ of judges.
Match the branches of government with their functions:
Match the branches of government with their functions:
Flashcards
Separation of Powers
Separation of Powers
A principle in constitutional law where the three branches of government (executive, legislative, and judicial) are kept separate to prevent any one branch from having too much power.
Executive Branch: Function
Executive Branch: Function
The executive branch is responsible for making decisions about government policy, prioritizing programs, and setting the agenda.
Legislative Branch: Function
Legislative Branch: Function
The legislative branch is responsible for making laws. They debate proposed legislation, ensure bills serve citizens, approve budgets, investigate issues, and confirm executive appointments.
Judicial Branch: Function
Judicial Branch: Function
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Independence of the Judiciary
Independence of the Judiciary
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Study Notes
Separation of Powers
- Separation of powers is a constitutional principle dividing governmental power among three branches: executive, legislative, and judiciary.
- This system is also known as checks and balances, enabling each branch to restrain the others' power.
- Each branch has distinct powers and is generally prohibited from exercising the powers of the other branches.
Executive Branch
- Consists of the prime minister/head of state and cabinet ministers.
- Function: makes government policy decisions, sets program priorities, and manages services.
Legislative Branch
- Composed of parliament.
- Function: debates legislation, ensures bills benefit citizens, approves budgets, holds hearings, and confirms executive appointments.
Judiciary Branch
- Composed of a hierarchical court system and judges.
- Function: interprets laws passed by the parliament.
Judicial Independence
- Crucial for upholding separation of powers.
- Ensured through the appointment and tenure security of judges.
Executive-Legislative Overlap
- Legislation typically originates with the executive (cabinet) before being presented to the legislature for debate and voting.
- Often the same cabinet members create rules/regulations to implement legislative goals (delegated legislation).
Case Law Examples
- Hinds v R
- Farrell v AG
- J Astaphans and Co Ltd v Comptroller of Customs of Dominica
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