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"Discussion On No Real Seperation Of Executive, Legislature, and Judiciary Powers In The UK Constitution..."
Discussion On No Real Seperation Of Executive, Legislature, and Judiciary Powers In The UK Constitution
Author:
Jack Drewes
There Is No Real Seperation Of Powers In The UK Constitution Nor Does There Need To Be.'Discuss

What are the separated powers?

Executive = the administrative branch of government; it makes laws by way of delegated legislation and drafts bills.


Legislature = the law making branch of government


Judiciary = the law enforcing branch of government


What can you say about the separation of powers?

The overlap of powers allows Parliament to make any change it wishes by Act of Parliament and helps to insure against arbitrary exercise of power.


There is almost complete separation of powers in the USA where governmental intransigence in controversial matters is a much bigger problem than it is here (here the judges can indulge in greater law making activities if necessary).


There is little executive-legislature separation in the UK but much legislative-executive/judiciary separation.


The concept of the separation of powers was first discussed by Charles Montesquieu (after observing the British system).


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To what extent do we have imperfect separation of powers?

The executive controls, and makes the legislature by creating peers(subject to the approval of the Queen), whips, dissolution (subject to the approval of the Queen, but note that permanent prorogation possible without her permission), prorogation (in theory this is under the Royal Prerogative but the Queen's permission is not necessary), controlling the timetable.


Part of the legislature (the government ministers) form the executive.


The legislature controls the judiciary by removing senior judges (in the name of the Lord Chancellor).


The executive (the Lord Chancellor) controls the judiciary by removing (or perhaps worse not removing) junior judges.


The judiciary do not have their salary voted on by Parliament


The judiciary reviews the activities of the executive.


Paid judges cannot be in the Commons.


The executive (the Lord Chancellor (with the Prime Minister in appointing law lords)) appoints judges.


The executive makes treaties, which have a degree of legislative influence (though not true legislative...

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