Separation of powers reinforces the way in which powers are used by the bodies of the state and it divides governmental powers between the legislative, the executive and the judiciary in order to prevent abuse of powers in all three bodies. In order to prevent abuse of power, Queen’s powers has been limited as before Queen had more personal power.
The legislation makes law as they are primary lawmakers, they make or change law. The executive has the power to put law in action as they are able to formulate policy, they investigate areas of laws in order to reform the law. The judiciary interprets the law, apply and declares law. Each government branch has its own powers and personnel so this means the institution must not interfere with other branch so there is no abuse of powers. So this shows that the UK has a clear separation of powers, however, there are many overlaps between the government branches.
There is a clear separation of powers which can be seen in the Constitutional Reform Act 2005, as the act made so many changes in the constitution, which includes the creation of a Supreme Court which made the Supreme Court more noticeable to the public than before, Lord Chief Justice replaced the Lord Chancellor as head of the Judiciary in England and Wales.
Therefore, this means separation of powers enabled liberty which Montesquieu argued in L’Esprit des Lois (The Spirit of Law) by saying ‘when legislative power is united with executive p...
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...lap which can be in the case of M v Home office . In this case, M was an asylum seeker and his application was refused, so orders, deportation by the Home Secretary even the High Court judge made it clear that he must stay in the country until court resolved the matter but the Home Secretary ignored and deported M to his country. The home office was held as contempt of court as they ignored what the judge said. This shows even though he was a minister doesn’t mean that he is above the law because no one should be above the law because its judges (judiciary) to apply law not the Home Office (executive) and it is their duty to obey law.
It is true that UK has clear separation of powers as all three branches has their own powers and personnel but it can’t be ignored that there are many overlaps which concerns many whether UK has clear separation of powers or not.
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