Question 1)

The separation of governmental powers, often associated with the

tripartite model (executive, legislative, and judicial branches), aims to
prevent concentration of power and safeguard against potential abuses.

The 'pure' approach, as theorized by Montesquieu, advocates for a strict

and independent division of powers, ensuring each branch operates
separately. In contrast, the 'partial' approach allows for some overlap,
recognizing a degree of interdependence.

Views on the key purpose of the doctrine vary. Some emphasize

preventing tyranny by distributing power, while others highlight efficient
governance through specialization. Overall, the doctrine seeks a balance
between preventing abuse of authority and facilitating effective
governance.

Question 2)
Executive and Legislative Relationship in the UK:
• The UK has a parliamentary system where the executive (Prime
Minister and Cabinet) is drawn from the legislative branch
(Parliament).
• The Prime Minister is typically the leader of the majority party in
the House of Commons, creating a direct link between the
executive and legislative branches.
• This system fosters a close relationship compared to a strict
separation of powers.

Question 3)
Judicial independence in the UK's constitutional framework is a crucial
principle, ensuring judges can act impartially. Key components include
security of tenure, financial independence, and decision-making
autonomy. While there's a separation of powers, there's some overlap
as the judiciary interprets laws made by the legislative branch and may
review executive actions for legality. This separation helps maintain a
system of checks and balances, preventing undue concentration of
power.
components of judicial independence in the UK:

Security of Tenure:
• Judges have security in their positions, meaning they cannot be
easily removed. This protection is crucial to ensure that judges can
make decisions based on the law without fearing retribution from
political or other external influences.
Financial Independence:
• Financial autonomy is essential to prevent the executive or
legislative branches from exerting control through budgetary
means. The judiciary’s budget is typically secured independently,
reducing the risk of financial pressure affecting judicial decisions.

Decision-Making Autonomy:
• Judges must have the freedom to interpret and apply the law
without interference. This autonomy ensures that judicial
decisions are based on legal principles and not influenced by
external pressures, promoting fairness and impartiality.

As for the overlap with other branches:

Legislative Branch (Parliament):

• The judiciary interprets laws created by the legislative branch. In
cases where laws are challenged, the judiciary plays a vital role in
interpreting and applying legislation.

Executive Branch:
• The judiciary has the authority to review executive actions for
legality. This process, known as judicial review, ensures that
government actions align with the law and the constitution.

This delicate balance and interaction between the branches maintain a

system of checks and balances, preventing any single branch from
becoming too powerful and safeguarding the principles of democracy
and the rule of law.
Question 4)
The Constitutional Reform Act 2005 had a notable impact on the
understanding of the separation of powers in the UK. Prior to the act,
the roles of the Lord Chancellor combined executive, legislative, and
judicial functions, creating a potential conflict of interest.

The act introduced significant changes:

Abolition of the Lord Chancellor’s Judicial Role:

• The act separated the judicial role from the office of the Lord
Chancellor. The Lord Chancellor, who was traditionally a member
of the Cabinet and held a judicial position, no longer had a direct
role in the UK’s highest court.

Creation of the Supreme Court:

• The act established the Supreme Court as the highest court in the
UK, replacing the judicial functions of the House of Lords. This
move aimed to enhance the independence and clarity of the
judicial branch.

Appointment of Judges:
• The act introduced a new judicial appointments process,
emphasizing transparency and reducing the influence of the
executive in the selection of judges. An independent Judicial
Appointments Commission was established to recommend
candidates based on merit.

These changes reinforced the separation of powers by clarifying and

enhancing the independence of the judiciary. The creation of the
Supreme Court and the restructuring of judicial appointments aimed to
reduce potential executive influence over the judiciary, contributing to a
more distinct and robust separation of powers in the UK constitutional
framework.