Separation of Powers in UK Law

Leading Cases
  • Mohinder Singh Khaira and Others v Daljit Singh Shergill and Others
    • Supreme Court
    • 11 Junio 2014

    The first category comprises cases where the issue in question is beyond the constitutional competence assigned to the courts under our conception of the separation of powers. The distinctive feature of all these cases is that once the forbidden area is identified, the court may not adjudicate on the matters within it, even if it is necessary to do so in order to decide some other issue which is itself unquestionably justiciable.

  • Gilbert Ahnee and Others v DPP
    • Privy Council
    • 17 Marzo 1999

    Under the Constitution one branch of government may not trespass upon the province of any other. Fourthly, in order to enable the judiciary to discharge its primary duty to maintain a fair and effective administration of justice, it follows that the judiciary must as an integral part of its constitutional function have the power and duty to enforce its orders and to protect the administration of justice against contempts which are calculated to undermine it.

  • Pro-Life Alliance v BBC
    • House of Lords
    • 15 Mayo 2003

    In a society based upon the rule of law and the separation of powers, it is necessary to decide which branch of government has in any particular instance the decision-making power and what the legal limits of that power are. That is a question of law and must therefore be decided by the courts.

  • Director of Public Prosecutions v Mollison (No. 2)
    • Privy Council
    • 22 Enero 2003

  • R v Secretary of State for the Home Department, ex parte Fire Brigades Union
    • House of Lords
    • 05 Abril 1995

    Parliament has a legally unchallengeable right to make whatever laws it thinks right. The executive carries on the administration of the country in accordance with the powers conferred on it by law. The courts interpret the laws, and see that they are obeyed. Concurrently with this judicial function Parliament has its own special means of ensuring that the executive, in the exercise of delegated functions, performs in a way which Parliament finds appropriate.

  • R (BAPIO Action Ltd) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 09 Noviembre 2007

    The real obstacle which I think stands in the appellants' way is the difficulty of propounding a principle which reconciles fairness to an adversely affected class with the principles of public administration that are also part of the common law. These are not based on administrative convenience or potential embarrassment.

  • Matthews v Ministry of Defence
    • House of Lords
    • 13 Febrero 2003

    It might say that the cause of action was not complete without the government's consent. But provided one holds onto the underlying principle, which is to maintain the rule of law and the separation of powers, it should not matter how the law is framed. What matters is whether the effect is to give the executive a power to make decisions about people's rights which under the rule of law should be made by the judicial branch of government.

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Legislation
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so ... which falls within paragraph (a) or (b) , or(ii) any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are ... ...
  • The Explosives Regulations 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... or building, has a radius equivalent to double the greatest separation distance required by virtue of these Regulations to apply in the case of ... 33), Schedule 8, paragraph 9(a), the Powers of the Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph ... ...
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ... ... for a Judicial Separation, which shall have the same Force and the same Consequences as a Divorce, ... , and Special Cases, and, except as aforesaid, may exercise all the Powers and Authority of the said Court. S-X ... Petitions for Dissolution of a ... ...
  • The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ... ... The Secretary of State , in exercise of the powers conferred by sections 1(1)(c) and (3)(b), 3(1)(a), (b)(ii), (d)(i) and ... respect democratic principles and institutions, the separation of powers and the rule of law in Belarus, ... refrain from actions, ... ...
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Books & Journal Articles
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Law Firm Commentaries
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