The Separation and Balance of Powers in the UK Constitution

The Separation and Balance of Powers in the UK Constitution

“By the latter part of the 20th century the independence of the judges

had come under increasing threat from interference by the executive.

Recent reforms have, however, served to redress this position and

ensure that a proper division of personnel and functions between these

two arms of the state is restored.

Discuss this statement in the context of the Separation/ Balance of

Powers in the UK constitution.”

French political thinker Montesquieu argued during the Enlightenment

that in a democratic state the three branches of government; the

legislative, the executive, and the judiciary should not overlap in

personnel or function. Is the British judiciary’s integrity at stake

in a constitutional monarchy which does not comply with Montesquieu’s

base definition of democracy? Transitioning without a written

constitution or clear separation of powers resulted in questionable

balance of power amongst the arms of government, and to some extent

hampered judicial independence. The United Kingdom’s historic and

homeostatic governance needed to be severely tweaked to conform to the

contemporary world. The UK’s judicial system faced challenges similar

to those European nations which have moved from despotic to democratic

governance; the processes’ abridged version most recently featured by

members of the Soviet block in the early 1990’s. The courts’ crucial

function of upholding individuals’ rights, keeping the executive in

line, and defining the meaning of laws relies on a decision making

process and judicial review wholly independent from outside forces and

considerations...

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... significant reason for the feasibility of unwritten laws and

conventions United Kingdom in maintain law and order is the “culture

of gentlemen”.

Reference

Hartley, T., Griffith, J. “Government and Law.” Second ed. Fakenham

Press. London. 1981.

Kirby, M. “Courts and Politics: Judicial Independence.” Yale Law

School. 2000. Retrieved from the World Wide Web:

http://www.hcourt.gov.au/

Sueur, A., Sunkin, M. “Public Law.” Longman. London. 1997.

Turpin, C. “British Government and the Constitution Text, Cases and

Materials.” Fifth ed. Cambridge University Press. Cambridge. 2005.

“Judicial Independence, Open Justice and Advance Sentence Indication.”

Crown Prosecution Service Retrieved from the World Web at:

http://www.cps.gov.uk/

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