The Absolute Separation Of Powers

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This essay will examine why the absolute separation of powers in the UK constitution is neither practical nor achievable. There are three distinctive branches in the UK constitution, and they are the legislative, executive and judiciary. By dividing the power into three branches, it reduces the possibility of abuse of power. When all power is held by one single body, it might lead to tyranny and hunger for power. The legislative branch in the UK constitution is the parliament. The parliament in the UK consists of the House of commons and the house of lords. The purpose of the legislative branch is to make laws, alter the laws and even repeal laws. Repealing laws means that the laws is being withdrawn and is no longer in legal action. The executive branch in the UK constitution is the government. The government consists of the prime minister, the deputy prime minister and the cabinet, which is made up of senior members of the government. The purpose of the executive branch is to enforce the laws that are made by the legislative branch. The judicial branch in the UK constitution is the courts and judges. Their role is to interpret statutes. Before examining the three branches of the UK constitution, the French philosopher Montesquieu must be mentioned. It is because Montesquieu came up with a saying in his book called Spirit Of Laws that relates to the separation of powers. ‘ When the legislative and executive powers are united in the same person or in the same body of magistrates, there can be no liberty. The same monarch or senate would enact tyrannical laws and execute them in a tyrannical manner.’ The meaning of this quote is that if the powers of all three branches are concentrated in one body, it might lead to the absence o... ... middle of paper ... ...can act on its own. To conclude all the points that are being stated above, the absolute separation of powers in the UK constitution is neither practical, nor achievable. The Constitutional Reform Act 2005 has changed Lord Chancellor’s role significantly, and that showed that the separation of powers is possible, but it cannot be absolute. The overlap between the legislature and executive in the form of delegated legislation shows that powers can intersect. Judicial independence shows that the judiciary can be self-sufficient and does not need to be influenced by the executive and legislature. In the future, there might be new acts and legislations that separate the powers of the executive, judiciary and legislature absolutely. However, in the current UK constitution, the separation of powers is just partial and not complete.
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