Civil Law: Separation of Powers and Judicial Review

This document discusses the concept of separation of powers in the UK and the nature of judicial functions, executive functions, and legislative functions. It also explores the power of judicial review and its role in maintaining a balance of power.

Running head: QUESTIONS 1
CIVIL LAW
Student details:
4/18/2019

QUESTIONS 2
Answer 1:
The concept of separation of powers is applicable to the UK and the nature of judicial functions,
executive functions and legislative functions. Parliament, judiciary and executive are significant arms of
state. In United Kingdom, Parliament contains Crown, House of Lords and House of Commons.
Parliament makes the law, reviews the Executive; authorizes the administrative expenditures. The other
function of Parliament is to represent the residents. The Parliament amends Constitution. It also
legislates on the cases of Judiciary like the conditions related to services of magistrates. power,
authority, and organization1.
Further, the executive contains Crown and governments of United Kingdom involving Cabinet Ministers
and PM. The executive is one of three main functions of Parliament. The main function of executive is to
formulate policies and implement them. The executive makes and applies the laws and interpret the
same. The executive negotiates treaties according to the process explained by international law as well
as according to the provisions the constitution2. Furthermore, the judiciary contains the magistrates in
courts of law, who have legal offices in tribunal and the lay judges who employ the court of magistrate.
The Crown makes the senior judicial appointments. It gives a ruling in dispute. The judiciary also
administers the justice as per criminal law. Additionally, the higher judiciary performs as Constitution’s
custodian. The reason is that it is liable for the explanation and implementation3.
Answer 2:
1 Ahmed Saif, Legislature in Transition: the Yemeni Parliament (Routledge, 2017).
2 Edwards Corwin, The Doctrine of Judicial Review: its legal and historical basis and other essays. (Routledge, 2017).
3 Representation From Above (Routledge 2017).

QUESTIONS 3
The Judicial review refers to the power of a Supreme Court to oversee acts of the executive branch such
as president and legislative branch such as Congress and take decision whether or not these acts are
permissible in Constitution. There are certain nations who do not allow the review of a legality of the
primary legislation. The statutes may not be set aside as per the principle of the parliamentary
sovereignty. The extent of judicial review takes the significant place extremely entrenched in the
Constitution. The Judicial review rendered that the courts have the powers to set to the side the
decisions for error of law, lack of proof and illegal implementation and execution of power.
Independence encompasses the ability enjoyed in some fields. This involves the political autonomy even
if the autonomous state action is in public inspection.
Moreover, the Judicial powers involve new, appellate authority and cases arising as per law and equity
jurisdiction include the court’s judicial power. It is a very effective tool to make the check on public body
and providing the liabilities in a case where the policy or decision goes outside an authority that have
mentioned in Constitution. The Judicial review keeps proper balance and check by parliamentary
controlling illogical or unfair actions taken on behalf of parliament and executive4.
4 'Department Of The Premier And Cabinet - Role Of Executive Government' (Dpc.wa.gov.au, 2019)
<https://www.dpc.wa.gov.au/ROLEOFGOVERNMENT/Pages/Default.aspx> accessed 18 April 2019.

QUESTIONS 4
Bibliography
Primary Sources
'Department of The Premier And Cabinet - Role Of Executive Government' (Dpc.wa.gov.au, 2019)
<https://www.dpc.wa.gov.au/ROLEOFGOVERNMENT/Pages/Default.aspx> accessed 18 April 2019
Representation From Above (Routledge 2017)
Saif, Ahmed, Legislature in Transition: the Yemeni Parliament (Routledge, 2017).
Corwin, Edwards, The Doctrine of Judicial Review: its legal and historical basis and other essays.
(Routledge, 2017).