Cultural tangent: in France, "the government" is the group of ministries (or departments in the US), part of the executive branch. So, the judiciary is not part of the government, and the National Assembly and the Senate (legislative branch) are not either. The head of state is not part of the government either, which is how you can get headlines about disagreements between the President and the Government. It’s quite different from how things are managed in the US. My understanding is that it is somewhat similar in the UK, which would be relevant in a BBC story.
In Western countries, the judiciary and the executive (which contains the day-to-day operations of the government) generally operate independently and can rule against each other. I'm most familiar with the US, and I think its constitution was the first to encode judicial independence - and constitutional review by the Supreme Court was established early on in US history. But all Western countries these days have had judges rule against executive policy and the executive obey it.
The details of how to override a ruling against the executive does differ between countries, and also on whether its considered just an interpretation of law or a constitutional question. Both the US and France have a written constitution that's binding on other branches, while the UK does not.
> The details of how to override a ruling against the executive does differ between countries, and also on whether its considered just an interpretation of law or a constitutional question. Both the US and France have a written constitution that's binding on other branches, while the UK does not.
Yeh. In the UK, the supreme court can not strike down primary legislation. It can rule executive actions are not following the primary legislation or unwritten constitutional rules, but if parliament passes a law that says oranges are now green, the supreme court is in no position to challenge it.
I checked your profile and you are cofounder of a company with branches all around Europe. At least the countries in the EU should have separation of powers, and the judicial (the courts) are independent from the government and there is a parliament which is more or less independent from the government too. Of course the government is usually backed by the majority of the parliament so the two of them often act together. The courts apply the law, whatever it is, but if the parliament or the government or the president (for presidential democracies) do something against the law or the constitution (or equivalent chart), there is at least a court that can undo that legislation and send it back for an overhaul. This is what happened in France.
I am not sure. In French that would be the state (L’État). It’s more complicated in the U.K., with its layers of national, devolved country, and local governance. Then, it would be different again in federations like Germany.
Cultural tangent: in France, "the government" is the group of ministries (or departments in the US), part of the executive branch. So, the judiciary is not part of the government, and the National Assembly and the Senate (legislative branch) are not either. The head of state is not part of the government either, which is how you can get headlines about disagreements between the President and the Government. It’s quite different from how things are managed in the US. My understanding is that it is somewhat similar in the UK, which would be relevant in a BBC story.
In Western countries, the judiciary and the executive (which contains the day-to-day operations of the government) generally operate independently and can rule against each other. I'm most familiar with the US, and I think its constitution was the first to encode judicial independence - and constitutional review by the Supreme Court was established early on in US history. But all Western countries these days have had judges rule against executive policy and the executive obey it.
The details of how to override a ruling against the executive does differ between countries, and also on whether its considered just an interpretation of law or a constitutional question. Both the US and France have a written constitution that's binding on other branches, while the UK does not.
> The details of how to override a ruling against the executive does differ between countries, and also on whether its considered just an interpretation of law or a constitutional question. Both the US and France have a written constitution that's binding on other branches, while the UK does not.
Yeh. In the UK, the supreme court can not strike down primary legislation. It can rule executive actions are not following the primary legislation or unwritten constitutional rules, but if parliament passes a law that says oranges are now green, the supreme court is in no position to challenge it.
> if parliament passes a law that says oranges are now green, the supreme court is in no position to challenge it.
It’s a good thing MPs are serious people and Parliament would never do that, right? :)
I checked your profile and you are cofounder of a company with branches all around Europe. At least the countries in the EU should have separation of powers, and the judicial (the courts) are independent from the government and there is a parliament which is more or less independent from the government too. Of course the government is usually backed by the majority of the parliament so the two of them often act together. The courts apply the law, whatever it is, but if the parliament or the government or the president (for presidential democracies) do something against the law or the constitution (or equivalent chart), there is at least a court that can undo that legislation and send it back for an overhaul. This is what happened in France.
> At least the countries in the EU should have separation of powers, and the judicial (the courts) are independent from the government
In the US "government" generally refers to all three branches; is that not the case in Europe?
I don’t know about the whole of Europe but generally, no. The government is the executive branch or a subset of it.
Interesting -- is there any term referring to the executive, legislative, and judicial functions collectively?
I am not sure. In French that would be the state (L’État). It’s more complicated in the U.K., with its layers of national, devolved country, and local governance. Then, it would be different again in federations like Germany.
No, separation of powers