Abuse Of Power

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Edmund Burke once stated: “The greater the power, the more dangerous the abuse.” This particular quote suggests that when power lies in one source, chances of the mistreatment or abuse of power increases. In regards to politics, it is very important that power is distributed or separated in order to prevent the abuse of power. This idea was further supported by John Locke (1690) who stated: “It may be too great a temptation to human frailty.... for the same persons who have the power of making laws, to also have in their hands the power to execute them” .

This essay is going to discuss the importance of the doctrine of the separation of powers. The UK’s governmental system is divided into a triangle. These three institutions are protected …show more content…

It has the delegated and elected right to enforce law. According to Peter Cane: “... the executive institutions of central government are many and diverse, but at their heart are the Prime Minister, Heads of State (Her Majesty the Queen) and the government departments.” This suggests that the executive is a branch that has multiple ambassadors that hold power. Over time you can assess this development and see that power has shifted away from the monarch and towards the government. This is important for the UK, as we are a democratic state that seeks to avoid dictatorship. Although there are a few traditional procedures that are still in place such as the Queen’s Speech and Her Majesty’s signing off legislation (“Royal Assent” ) her Majesty no longer holds as much power as she did in the past. This is because historical procedure does not harmonise with the UK’s developing …show more content…

If the separation of the judiciary, executive and the legislative becomes blurred, it may be difficult to ensure this. Lord Steyn explores judicial independence and its importance. He stated: ultimately the judicial branch is the “least dangerous department” . Some worry about the ‘fusion between the legislature and the judiciary’ as Judges can be considered to ‘make law’. This is not the case. Parliament is sovereign, and ultimately has the final say. Although it is arguable that judges ‘create law’, it is better to describe this as interpretation through case law.

Nevertheless, Judges are not elected. Is it democratic for a non-elected body to implement law? No. This is why in some cases it may not be as important to completely separate the three institutions. By having parliament (a sovereign representative body) willing to intervene, it also prevents the abuse of power from an unelected body. This works vice versa; through judicial review, the courts are able to evaluate the judgments of a public body or institution. It is important that this separation exists because it allows for the existence of a system of checks and

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