Separation of Power in UK Assignment

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does the separation of powers in the UK constitution work well to ensure that no one organ of state

becomes too powerful?

Constitutional law adheres to the doctrine of separation of powers. Separation of power is a political
theory developed by Montesque. Montesque identified three branches of state and argues that it
prevents the abuse of the government power1. These steps are should be kept separately apart and
they shouldn't overlap each other because then there will be an influence towards it. There are
three branches legislature, executive and judiciary. Legislation makes the law. The executive
implements the law and the judiciary resolves disputes using that law was created. The collective
amalgamation power of the state must not be vested in one person or a single group of individuals.

The United Kingdom has a partially unwritten and uncodified constitution that enables more fluidity
in the arrangements of its states' powers. The UK constitution is significantly more complex than of
other countries’ constitution. The separation of power is a constitutional principle designed to
ensure that the functions, personnel and powers of the major institutions of the state are not
concentrated in any one body. fundamentally, it is rule that every state should follow in order to
make law, execute the law and also apply to each case expediently. under the doctrine of powers,
the state is divided into three different organs the executive, the legislature and the judiciary each
having individually independent power and responsibility on them so that no branch may obstruct
the working of the other two organs. the principal institutions are the executive, the legislature and
the judiciary. each of these bodies exercises its role in the name of crown.

The executive

The executive is made up of the crown (monarchy) as well as central government. Central
government is composed primarily of the prime minister who is the head of the state as well as
cabinet of ministers.

Legislature

The legislature is the body that has power to make laws is made up of the crown, House of commons
and House of lords. United Kingdom has a bicameral parliament which is made up with house of
commons and House of lords. Legislature is actually made up of these three parts based on three
different pillars of reasonings. On the one hand the crown is part of the legislature by convention.
House of commons is an execute body and the house of lord is an unelected body.

The Judiciary

The judiciary is made up of all the judges in courts of law and lay magistrates of the UK legal
jurisdictions, overseen by the supreme court. senior judicial appointments are made by the crown.

The doctrine of separation of powers signifies three classifications of the governmental powers.

i. The same person should not form part of more than one of the three organs of the
government2.
ii. One organ of the government should not interfere with any other organ of the government3.

1
Baron Montesquieu, The Spirit of Laws (1748).
2
Separation of personnel
3
Institutional separation
iii. One organ of the government should not exercise the functions assigned to any other
organ4.

The basic objective of the separation of power is to reduce the abuse of power. In practice, many
countries do not have a strict separation of powers. This means that when it comes to the three
organs of the state, there is some overlap in terms of exercising powers and functions. However,
even if there is strict separation of powers, abuse of power by each branch of government remains a
distinct possibility. Instead of strict separation of powers, the United Kingdom practices partial
separation of powers with some significant overlaps. It can be seen that in the United Kingdom, the
separation of powers is weakest between the legislature and the executive and strongest between
the judiciary and the other two organs of state. The branches have more freedom to overlap and
interact when there is a partial separation of powers. Even if the state has separate branches, their
functions and membership may overlap; however, through checks and balances, the branches may
exercise certain control over one another.

In united kingdom, it can be identified as mentioned above there are some critical overlaps between
government organs.

4
Functional separation

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