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-- Beland 23:50, 13 August 2005 (UTC)
The effect of separating judicial power from the legislative power creates a unique situation. The power of the Supreme Court resides in the reliability of its rulings and reliability of its rationale for its opinions. The legislative branch has the power to make law and this is very respected as the government always seeks to make the law effective and enforced. The Supreme Court without legislative ability can only hear cases on the basis of law and it becomes more insulated from the immediate sensational politics of the day that can change so rapidly giving more stability. Therefore, the Supreme Court may become more learned in its rulings to give a good reason for its cases in order to not be restructured by the legislator. Conflicts can arise, but the legal precedents set by such conflicts shall empower or disempower the Supreme Court, so wisdom is going to be exercised. —The preceding unsigned comment was added by 212.219.190.241 ( talk • contribs) 11:13, 15 November 2005 (UTC)
I have removed "and in any case is considered undesirable according to modern constitutional theory concerning the separation of powers." Because "separation of powers" is not a modern constitutional theory as it has been around for at least 230 years. Secondly under the Westminster system it is not true, as constitutionally Parliament remains sovereign and all members of the executive and judiciary remain the monarch's servants. It is all about as Walter Bagehot emphasised in his book "The English Constitution" the dignified (that part which is symbolic) and the efficient (the way things actually work and get done).
Of course this is just a POV (even if it is one that Bagehot held). So it anyone wants to reinsert such a line about Separation of Powers the then I think it should be sourced from an article which is explicit on this point with an explanation of how it it fits into the Westminster system. -- PBS 19:47, 15 December 2005 (UTC)
On this issue the "The society of Conservative lawers" put out a paper entitled Constitutional upheaval: The response of a working party to the Government's consultation papers on a new way of appointing Judges, a Supreme Court for the United Kingdom, and the future of Queens' Counsel(PDF) published October 2003, foreword by Edward Garnier QC MP.
-- PBS 21:05, 5 January 2006 (UTC)
When Gardnier presented a Memorandum made on his own behalf and on behalf of the Society of Conservative Lawyers on the office of the Lord Chancellor to the Select Committee on Constitutional Reform Bill, in April 2004, he included an further explanation of this position:
-- PBS 21:18, 5 January 2006 (UTC)
Can anyone answer the High Court article question posted at this link? Thank you in advance. Bo99 ( talk) 23:06, 16 April 2014 (UTC)
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Cheers.— cyberbot II Talk to my owner:Online 16:12, 10 February 2016 (UTC)
The link to the primary source is broken, it can now be found at http://www.legislation.gov.uk/ukpga/2005/4/contents
I am not sufficiently familiar with wikipedia's markup to make the change myself.
This article is rated Start-class on Wikipedia's
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-- Beland 23:50, 13 August 2005 (UTC)
The effect of separating judicial power from the legislative power creates a unique situation. The power of the Supreme Court resides in the reliability of its rulings and reliability of its rationale for its opinions. The legislative branch has the power to make law and this is very respected as the government always seeks to make the law effective and enforced. The Supreme Court without legislative ability can only hear cases on the basis of law and it becomes more insulated from the immediate sensational politics of the day that can change so rapidly giving more stability. Therefore, the Supreme Court may become more learned in its rulings to give a good reason for its cases in order to not be restructured by the legislator. Conflicts can arise, but the legal precedents set by such conflicts shall empower or disempower the Supreme Court, so wisdom is going to be exercised. —The preceding unsigned comment was added by 212.219.190.241 ( talk • contribs) 11:13, 15 November 2005 (UTC)
I have removed "and in any case is considered undesirable according to modern constitutional theory concerning the separation of powers." Because "separation of powers" is not a modern constitutional theory as it has been around for at least 230 years. Secondly under the Westminster system it is not true, as constitutionally Parliament remains sovereign and all members of the executive and judiciary remain the monarch's servants. It is all about as Walter Bagehot emphasised in his book "The English Constitution" the dignified (that part which is symbolic) and the efficient (the way things actually work and get done).
Of course this is just a POV (even if it is one that Bagehot held). So it anyone wants to reinsert such a line about Separation of Powers the then I think it should be sourced from an article which is explicit on this point with an explanation of how it it fits into the Westminster system. -- PBS 19:47, 15 December 2005 (UTC)
On this issue the "The society of Conservative lawers" put out a paper entitled Constitutional upheaval: The response of a working party to the Government's consultation papers on a new way of appointing Judges, a Supreme Court for the United Kingdom, and the future of Queens' Counsel(PDF) published October 2003, foreword by Edward Garnier QC MP.
-- PBS 21:05, 5 January 2006 (UTC)
When Gardnier presented a Memorandum made on his own behalf and on behalf of the Society of Conservative Lawyers on the office of the Lord Chancellor to the Select Committee on Constitutional Reform Bill, in April 2004, he included an further explanation of this position:
-- PBS 21:18, 5 January 2006 (UTC)
Can anyone answer the High Court article question posted at this link? Thank you in advance. Bo99 ( talk) 23:06, 16 April 2014 (UTC)
Hello fellow Wikipedians,
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Constitutional Reform Act 2005. Please take a moment to review
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Cheers.— cyberbot II Talk to my owner:Online 16:12, 10 February 2016 (UTC)
The link to the primary source is broken, it can now be found at http://www.legislation.gov.uk/ukpga/2005/4/contents
I am not sufficiently familiar with wikipedia's markup to make the change myself.