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7 - Courts and governments

Published online by Cambridge University Press:  26 February 2010

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Summary

Separation of powers

Separation of powers, in the American sense of the expression, hardly exists in countries with a parliamentary regime of government: although the judiciary is independent, the other two powers are intertwined. The government can only remain in power as long as a parliamentary majority is willing to support it; ministers are accountable to Parliament; and statutes are made – in fact, if not always in law – by the government and the Parliament acting together.

That is particularly true for Great Britain, where the development of cabinet government under a two-party system has tended to establish a clear distinction between the government and its parliamentary majority on the one hand, the opposition party on the other. This distinction characterizes the debates in the House of Commons, the directly elected house, where most decisions of political importance are discussed. The parliamentary debates illustrate that the executive is not independent, or ‘separate’ from the legislative bodies. Cabinet ministers participate in these debates as members of Parliament, from the government ‘front bench’. The opposition party has its own ‘front bench’, or ‘shadow cabinet’. Bills are usually introduced by government ministers; it is also possible for any MP to introduce a ‘private member's bill’, but such a bill will only be examined if it is compatible with the parliamentary timetable.

Type
Chapter
Information
Courts and Political Institutions
A Comparative View
, pp. 162 - 191
Publisher: Cambridge University Press
Print publication year: 2003

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  • Courts and governments
  • Tim Koopmans
  • Book: Courts and Political Institutions
  • Online publication: 26 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522253.008
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  • Courts and governments
  • Tim Koopmans
  • Book: Courts and Political Institutions
  • Online publication: 26 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522253.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Courts and governments
  • Tim Koopmans
  • Book: Courts and Political Institutions
  • Online publication: 26 February 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511522253.008
Available formats
×