Separation of Powers in UK Law

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

    First, Mauritius is a democratic state constitutionally based on the rule of law. Under the Constitution one branch of government may not trespass upon the province of any other. Thirdly, the Constitution gave to each arm of government such powers as were deemed to be necessary in order to discharge the functions of a legislature, an executive and a judiciary.

  • 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.

  • 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

    It is a feature of the peculiarly British conception of the separation of powers that Parliament, the executive and the courts each have their distinct and largely exclusive domain. 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.

  • 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.

  • Secretary of State for the Home Department v Rehman
    • House of Lords
    • 11 Octubre 2001

    The European jurisprudence makes it clear that whether deportation is in the interests of national security is irrelevant to rights under article 3. If there is a danger of torture, the Government must find some other way of dealing with a threat to national security. Whether a sufficient risk exists is a question of evaluation and prediction based on evidence. In answering such a question, the executive enjoys no constitutional prerogative.

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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 ... (ii) any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are ......
  • 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 Nicaragua (Sanctions) (Overseas Territories) (No. 2) Order 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... Her Majesty, in exercise of the powers conferred on Her by section 63(3)(c) and (4) of the Sanctions and ... to: respect democratic principles and institutions, the separation of powers and the rule of law, refrain from the repression of civil ......
  • The Nicaragua (Sanctions) (EU Exit) Regulations 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... . The Secretary of State 1 , in exercise of the powers conferred by sections 1(1)(c) and (3)(b), 3(1)(a) and (d)(i), 4, 9(2)(a), ... (a) respect democratic principles and institutions, the separation of powers and the rule of law in Nicaragua; . (b) refrain from actions, ......
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Books & Journal Articles
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Law Firm Commentaries
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