ABSTRACT
Introduction: what is meant by separation of powers? In democracies, there are three kinds of power. The first is the Legislature (also known as the Legislative or Parliament), which makes laws. The second is the Executive (Government), which makes peace or war, sends or receives embassies, establishes public security, and provides against invasions in respect of things dependent on the law of nations. The third is the Judicature (or Judiciary), which can punish criminals, determine disputes in civil law between individuals or adjudicate in Judicial Review. This chapter builds on your knowledge acquired in Chapter 1 – general principles of the UK Constitution – and focuses on the socalled ‘checks and balances’ (or supervision) of the Executive, partly achieved by Parliament (the Legislature) and partly by way of judicial control (i.e. ‘Judicial Review’ – see Chapter 9).
