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Exam (elaborations)

Separation of powers and constitutional principle

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Part A : Concept and Purpose of Separation of Powers: This section explains the principle of separation of powers, emphasizing the need for distinct and independent branches of government to prevent tyranny and protect citizens' liberties. It outlines the functions and composition of the executive, legislative, and judicial branches in the UK. Breaches by the 2024 Bill: It details specific provisions of the 2024 Bill that breach the separation of powers: The Chancellor of the Exchequer's power to pass statutory instruments, a legislative function, blurs the line between the executive and legislative branches. Provisions preventing judicial review or appeals breach constitutional principles by limiting judicial oversight. Ministers determining judges' salaries creates conflicts of interest, undermining judicial independence and breaching the separation of powers principle. Part B: Separation of Powers in the UK Constitution: This section discusses the UK's parliamentary system, highlighting the fusion of powers between the executive and legislative branches. Despite the overlap, it identifies mechanisms that provide checks and balances: The legislative process, involving multiple readings and stages, allows for scrutiny and amendments. Votes of no confidence can remove the executive, serving as a check on its power. Parliamentary scrutiny through Prime Minister's Questions, select committees, and debates ensures executive accountability. The House of Commons (Disqualification) Act 1975 limits the number of salaried ministers in the House to prevent executive dominance. Ministerial responsibility holds the government accountable to Parliament. Conclusion: While the UK does not follow a strict separation of powers, it employs a system of checks and balances to maintain a balance of power between the executive and legislative branches. The effectiveness of this system remains debated, as illustrated by Lord Hailsham's description of the UK as an "elective dictatorship."

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Uploaded on
May 27, 2024
Number of pages
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Written in
2023/2024
Type
Exam (elaborations)
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Name: Momna Akbar
Student ID: 377387

The first section will determine whether the Chief Constable has the authority to
intervene prior to the march to restrict its impact, as well as whether Batuuli is free to
express her opinions in the House of Commons. Furthermore, it will inform Ciaran of
the potential legal consequences of publishing the article. The second portion will
advise Jeremy on whether he can make a judicial review claim and, if so, what
grounds of challenge are available to him.
Part A
a) Under s12 of Public Order Act 19861 if the senior police officer, having regard to
the time or place at which and the circumstances in which any public procession is
being held or is intended to be held and to its route or proposed route can impose
conditions if he reasonably believes that
(a) it may result in serious public disorder, serious damage to property or serious
disruption to the life of the community.2
(aa)in the case of a procession in England and Wales, the noise generated by
persons taking part in the procession may result in serious disruption to the activities
of an organisation which are carried on in the vicinity of the procession. (ab)in the
case of a procession in England and Wales—

(i) The noise generated by persons taking part in the procession may have a relevant
impact on persons in the vicinity of the procession, and

(ii)that impact may be significant.
In this scenario, considering the previous disorder that occurred during a similar
march last year outside the offices of Reject Political Refugees (RPR), the Chief
Constable could reasonably believe that this procession may lead to serious public
disorder. Additionally, the intention of the marchers to carry loud air horns and
amplification equipment could further exacerbate the potential for disorder and
disruption.
The noise generated by the participants in the procession, such as the loud air horns
and amplification equipment, may indeed have a relevant impact on persons in the
vicinity of the procession. This impact could include disturbance to residents,
disruption to the organization, and general inconvenience to members of the public
who are not participating in the march. Given the intention of the marchers to carry
loud and potentially disruptive equipment, it is reasonable to expect that the noise
could significantly affect those in the vicinity. Therefore, the Chief Constable could
impose conditions on the procession to mitigate this disruption.


b) Freedom of speech, which is guaranteed by Article IX of the Bill of Rights
1689.
Batuuli, as a Member of Parliament (MP), holds parliamentary privilege when
speaking in the House of Commons. Parliamentary privilege provides MPs with legal
immunities and protections to allow them to fulfill their parliamentary duties without
fear of legal repercussions. One aspect of parliamentary privilege is the freedom of
speech, which allows MPs to express their views and opinions freely within the
1 Public Order Act 1986
2 https://www.legislation.gov.uk/ukpga/1986/64/section/129(Date: 04/05/23)
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