The Court, Lord Phillips Of Worth Matravers Essay

The Court, Lord Phillips Of Worth Matravers Essay

Length: 995 words (2.8 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

In this essay I am going to explain and evaluate the statement that was given by the first President of the Court, Lord Phillips of Worth Matravers. He said “For the first time, we have a clear separation of powers between the legislature, the judiciary and the executive in the United Kingdom.”
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...


... middle of paper ...


...lap which can be in the case of M v Home office [1994]. 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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

No Heroes, No Villains by by Steven J. Phillips Essay

- No Heroes, No Villains by by Steven J. Phillips After reading the story, I found I had mixed emotions about it. To explain, when we were getting into detail and finally finding out what really happened the day of June 28th, I found myself completely interested and glued to the book. I also enjoyed the way the incident was explained because I felt like I was there watching it all happen from the great detail. I enjoyed Phillips style of writing because through his writing, he really came off as an intelligent person who is very familiar with the legal system....   [tags: Phillips Heroes Villains Review]

Free Essays
1002 words (2.9 pages)

A Review of American Negro Slavery by Ulrich B. Phillips Essays

- A Review of American Negro Slavery by Ulrich B. Phillips Phillips' book is an attempt to provide an overview of the practice and institutions of slavery in the Americas from its beginnings to the 19th century. Writing in 1918, Phillips hoped to provide an account of slavery based upon historical evidence and modern methods of research, rather than ideological motivations. He drew his evidence from the plantation records and letters of slave owners; contemporary travel accounts; court records and legal documents; newspaper articles; and in some instances, the recordings of slaves themselves, rather than what he viewed as more biased sources such as abolitionist writings....   [tags: Slavery Racism Phillips]

Better Essays
1297 words (3.7 pages)

The Central Theme of Southern History by Ulrich B. Phillips Essay

- Imagine a historian, author of an award-winning dissertation and several books. He is an experienced lecturer and respected scholar; he is at the forefront of his field. His research methodology sets the bar for other academicians. He is so highly esteemed, in fact, that an article he has prepared is to be presented to and discussed by the United States’ oldest and largest society of professional historians. These are precisely the circumstances in which Ulrich B. Phillips wrote his 1928 essay, “The Central Theme of Southern History.” In this treatise he set forth a thesis which on its face is not revolutionary: that the cause behind which the South stood unified was not slavery, as such,...   [tags: Phillips vs. Wright]

Better Essays
1616 words (4.6 pages)

Essay on The Phillips Curve

- The Phillips Curve Economists agree that unemployment and inflation are two of the major macroeconomic problems of the twentieth century. If a relationship between the two existed then this would be a major break through for the macro management of the economy. Phillips' work was empirical - started with evidence and worked towards a theory. The causation for the Phillips theory was that the level of unemployment caused the rate of change in money wages to be what it was. 'What economic theory lies behind this?' As unemployment decreases the available pull of labour goes down....   [tags: Economics The Phillips Curve Economy Essays]

Better Essays
1327 words (3.8 pages)

Works of Howard Phillips Lovecraft Essay

- Works of Howard Phillips Lovecraft It is morning on August 20, 1890 and the world of literature is about to change, though it will not understand just how much so for decades. It is on this morning that a precocious child, Howard Phillips Lovecraft, is born. Lovecraft would begin his writing career at the tender age of six with his short story “The Noble Eavesdropper”. He would grow up to be well read and well learned (he was producing scientific journals for his friends at age nine), despite never finishing high school (Joshi para 1- 4)....   [tags: Howard Phillips Lovecraft Essays]

Better Essays
1790 words (5.1 pages)

Caryl Phillips' The Nature of Blood Essay

- Caryl Phillips' The Nature of Blood On its most immediate level, Caryl Phillips’ The Nature of Blood narrates several stories of the Jewish Diaspora, using the familiar Shakespearean character Othello to provide a counterpoint to the others’ experiences of displacement. The Nature of Blood thus initially seems to fit awkwardly among texts by other West Indian authors who use the Caribbean as the setting of their work or incorporate West Indian characters into their work. Through his multi-stranded narrative, however, Phillips creates a geographical setting that mirrors the multi-regional influence of the Caribbean....   [tags: Caryl Phillips Nature Blood Essays]

Better Essays
3218 words (9.2 pages)

The Criminal Court And Lay People Essay

- The Criminal Court and Lay People The Criminal court deals with different types of criminal jurisdictions and offences dealt with within the courts and also the appeals routes of each criminal structure. They also evaluate the efficiency of the current Criminal structure. The roles and powers Lay Magistrates have on the Criminal court while explaining the selection roles of Juries also giving evaluation of the use of Lay people within the Criminal justice system. There are three different types of offences which are dealt with in the Criminal Courts, summary offences which are the least serious offences and are normally dealt with in the Magistrate Courts....   [tags: Jury, Judge, Court, Law]

Better Essays
1596 words (4.6 pages)

The Court Of Appeals Court Essay

- In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v....   [tags: Supreme Court of the United States, Court]

Better Essays
860 words (2.5 pages)

The Court Of The Supreme Court Essays

- The Supreme Court, which sees almost 150 petitions per week, called cert petitions, must carefully select the cases that they want to spend their time and effort on (Savage 981). If they didn’t select them carefully, the nine justices would quickly be overrun, so they have put in place a program to weed through the court cases to pick out the small number they will discuss. There are a few criteria that are used to judge whether or not a case will be tried. The first is whether or not the lower courts decided the case based on another one of the Supreme Court’s decisions for they will investigate these in order to withhold or draw back their conclusion that they made in their court case....   [tags: Supreme Court of the United States]

Better Essays
2261 words (6.5 pages)

The Court Of Supreme Court Essay

- Ms. Bouvia immediately appealed the decision of the trial court, which was summarily heard by the California Appellate court. She then filed a peremptory writ of mandate seeking the removal of the nasogastric tube inserted against her will without consent by physicians. The peremptory writ of mandate is a formal written command from a court of superior jurisdiction to the lower court to change the order or the decision of the lower court. The Court of appeals of California ordered the trial court to enter new order to grant Bouvia’s request for the “(1) removal of the nasogastric tube from her body, (2) prohibiting any and all of the real parties in interest from replacing or aiding in repl...   [tags: Appeal, Law, Trial court, Medicine]

Better Essays
1448 words (4.1 pages)