Page 873 - SUBSEC October 2017_Neat

02131020/CAPE/SPEC 2017

5

SECTION B
MODULE 2 – PUBLIC LAW

Question 2

Specific Objective: 4

(a) Features of the separation of powers:

 The separate functions of the executive, the legislature
and the judiciary
 The existence of an independent and impartial judiciary
 The protection of judicial powers and jurisdiction from
usurpation by the executive and the legislature

Clear outline of any two relevant features 2 marks each

[4 marks]
Weak explanation 1 mark each

(b) Methods of enshrining:

 The existence of a chapter on the judiciary in the
constitution: the existence of an independent and impartial
judiciary and on the protection of its powers and jurisdiction
from usurpation by the executive or legislature.
 The appointment, discipline and removal of judges are made by
an independent judicial and legal services commission.
 The salaries of judges are drawn from the consolidated fund.
 Judges cannot be removed from office except for incapacity or
misconduct.
 Elaborate process for removal of a judge by an independent
tribunal which can recommend to the Court the removal of a
judge.

Clear explanation of any three methods 2 marks each
[6 marks]
Weak explanation of methods 1 mark each [4 marks]
[10 marks]

(c) Problem question:

 Issue: Whether Section 15 of the Child Court Act is
unconstitutional for violating the separation of powers
doctrine

Clear statement of issue 2 marks
Weak statement of issue 1 mark [2 marks]

 Law: Privy Council in Hinds v. R 1977 A.C. 195, which
establishes the Doctrine of Separation of Powers seemingly
as a general constitutional principle of the Commonwealth
Caribbean constitutions, but in practical substantive