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Separation of powers is one of the most separation of powers essay principles in American government. Discuss why it is important to have a neutral and nonbiased Supreme Court. Also, is it possible to have such a thing as a neutral and unbiased court? Explain your position, and include and discuss relevant examples to support the discussion. Your journal entry must be at least words in length. No references or citations are necessary. com is a service that assists students in completing college projects and writing papers on a variety of topics. Academic writing, creative writing, and non-word projects are all areas in which we specialize. Home Services Reviews Samples Prices Blog Login Menu. Place Order.
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Our Policies Privacy Policy Revision Policy Plagiarism Policy Credit and Refund Policy Dispute Policy Terms and Conditions. However to some extent this is limited by judicial review. This Act also limits the number of MPs that can become ministers as a check on executive power. Every government is dependent upon parliament for its survival in office — no matter how big the majority the government has, if they lose a vote of confidence convention forces the government to resign and a general election to be called as in the Callaghan Government of Parliamentary procedures are designed to scrutinise legislative proposals and the government will not always get its own way, PACE was substantially altered due to pressure from MPs from all sides. Question Time, debates and select committees all ensure the accountability of government to Parliament.
The opposition gets several days per Parliamentary session to hold debates on subjects of their choosing. Rather than have its proposals delayed the government may prefer to compromise its proposals or accept amendments made by the House of Lords. This shows the legislature holding the executive to account. Most prerogative powers are exercised by the government in the name of the crown. In CCSU v Minister of state for Civil Service [], the GCHQ case the House of Lords ruled that executive power can be judicially reviewed even if it comes from a royal prerogative, but there are many subjects which judges should not review as it is for the democratically elected executive to decide.
For example judges will not review the decision to go to war. There is a convention that members of the executive should not criticise judges. This is often ignored — Mrs Thatcher criticised the light sentence given to a child molester. Also this rule only applies to members of the executive, not normal MPs. Also a judge who said a rape victim was guilty of contributory negligence was criticised in Parliament. Judicial Review is designed to keep those people or bodies that have had powers delegated to them within those powers. So if a minister or a local authority exceeds the powers that Parliament has given it, the courts will nullify the decision and require that the decision maker makes a decision according to the correct procedure.
As judicial review is concerned with the process of taking the decision rather than the merits of the decision itself, it could be said that the judiciary are upholding the will of Parliament in controlling the powers it has delegated. Judicial review is paradoxical, because it could be said that the judiciary are upholding both the Rule of Law and the Supremacy of Parliament, but at the same time they are acting as a check on executive power, arguably infringing the Separation of Powers! In R v SSHD ex parte Anderson [] it was held that the Home Secretary exercising judicial functions in fixing the sentence of a murderer was a breach of Article 6 ECHR. Judges are often appointed by the executive to chair official enquiries, such as into the death of David Kelly.
Judicial enquiries leave judges open to criticism. As stated above judges cannot become members of the House of Commons under the House of Commons Disqualification Act []. The Law Lords the members of the highest court in the land , sit in the House of Lords which is part of the legislature, but by convention they do not participate in party political disputes. Sub Judice rule — MPs cannot raise court proceedings in debate. The legislature cannot tell the judiciary how to decide a case. To protect their independence it is extremely difficult for the legislature to dismiss a judge.
S11 3 Supreme Court Act [] judges of the High Court and above who hold office during good behaviour are subject to a power of removal by the queen on an address presented by both houses of Parliament. The judiciary accept the supremacy of Parliament — that Parliament can make any law it wants, but it insists that it has the right to interpret its meaning. It is said that judges legislate when they decide cases and create precedent. Also the doctrine of precedent, expressed in the words stare decisis limits the discretion of the court as they have to apply the rulings of the higher courts.
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