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The separation of powers between branches of government is essential to democratic governance, with various overlaps creating checks and balances that prevent any one branch from gaining too much authority.
• Executive can be controlled by the judiciary, as illustrated in M v Home Office where the court found a government department in contempt
• Courts distinguish between "Crown as monarch" (not subject to judicial oversight) and "Crown as executive" (subject to judicial review)
• Justiciability determines what matters courts can address - individual rights are justiciable while "high policy" decisions generally are not
• The GCHQ case established that royal prerogative powers are subject to judicial review except in specific areas like treaties and national security
• Former Lord Chancellor role spanned all three branches of government until Constitutional Reform Act 2005
• Judicial independence now strengthened through Lord Chief Justice role and Judicial Appointments Commission
• Questions remain about executive influence over judicial appointments
Join us in our next segment where we'll explore the final overlap between the judiciary and legislature to complete our examination of separation of powers in the UK constitution.
💡⚖️ Let’s learn the law together—one session at a time!