Separation of Powers Notes (Unit 1 Module 2)

Dajanae Dawkins

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There are three arms of government:

1.Legislative ⚔️

-The creation of laws by the legislator (Parliament)

-This function is exercised mainly through Parliament which has the power to make laws of general applicability and to grant to other bodies the power to make delegated legislation under authority of an Act of Parliament. This means that the legislative function has the power to make, amend, modify or revoke laws

2.Judicial ⚔️

-The function of the court is to ensure that all persons abide by the law as well as to protect the provisions of the constitution. This means any Act of Parliament which contravenes the Constitution will be held Ultra Vires and therefore null and void.

3.Executive ⚔️

-This refers to the Cabinet

Functions of the Cabinet

*To initiate policies

*To formulate polices

*To direct policies

*To regulate policies

Separation of Law/Powers ⚔️

Separation of powers simply means each arm of government must conduct themself in such a way that they do not interfere with the functions of the others. They must also not act Ultra Vires

In order for The Rule of Law (no one is above the law)/separation of law to work there must be comity (harmony)amongst all the arms of government. They must work Intra Vires (in their lane).

Cases

*Hines v Regina (Gun Court Act)

-Breach of constitution

*Maharaj v Regina

Leading cases

*Hinds et al v The Queen

*Kirt Mollison v DPP

*Adrian Nation and Keeren Wright v DPP (main case which outlines the principles of separation of powers)

This concept outlines the fact that the three arms of government must act independently and not interfere with each other

Steps to answering a question:

-define the term

-cases

-state key sections

-three arms of gov and their roles