Separation of Power

There Is No Absolute Doctrine Of Separation Of Powers In The UK Constitution. Overlaps Exist Both In Terms Of The Functions Of The Organs Of State And The Personnel Operating Within Them. The UK Relies On A System Of Checks And Balances To Prevent Against Abuses Of Power. Examine How The Checks And Balances Work To Prevent Against Potential Abuses Of Power And Discuss The Extent To Which The Current Administration Has Sought To Strengthen These Checks And Balances In Recent Years. The doctrine of separation of powers had influenced many philosophers, constitution makers, like Montesquieu who all had deep thinking to this doctrine.

Even though UK constitution is unwritten but it is a golden principle of separation of powers for the world to follow. In 1748 the French jurist, Montesquieu, put forward his theory that ‘there can be no liberty' and also said that “everything would come to an end if the legislative, executive and judicial powers of government were to be exercised by the same person or authority” (L'Esprit des Louis 1748). The UK has a separation of powers; there are clear overlaps both in terms of personnel and function between the three organs of government which may be discerned.

The government powers should be exercised by legislative, executive and judicial, within their own limitations and should also check each and other. Britain's concept of separation of powers that Parliament, executive and courts each have their own perimeters and each should exercise their powers accordingly. Monarchy used to influence over government but now it is like a symbolic for government however it is sovereign. John Lock and Charles Montesquieu are the significant figure for this doctrine .

According to Montesquieu vision, the separation of powers is an idea where checks and balances works like you running after someone in a circle and they running after you. One person should not should not perform his duties in three organs of government at a time. Each organ of government should not interfere with the other organ e. g. ministers should not have legislative powers . The executive consists of government, including the Prime Minister and the Cabinet other than in the legislative functions of Parliament The role of the executive is to implement government policies.

These include implementing legislation, security, providing social and economic welfare, administrating public services and also try to make good relations with other countries. Therefore the executive function techniques ranging from the formation of broad policies to the detailed management of daily routine services. In the UK, new law is enacted when the Bill has been approved by the House of Commons and Lords and has received Royal assent, however Under the Parliaments Act of 1911 and 1949 legislation maybe enacted even though it has been rejected by the House of Lords, House of Lords only can delay it up to twelve months.

The interpretation of statutes is a vital part of the law-making process, because after such interpretation that is known whether the intentions of those who framed the law have been carried into effect. During this procedure the judges must not challenge the political authority of the legislature to decide what net laws should be made.

Sarah from Law Aspect

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