WELCOME

TO ALL

S M RUBEL RANALL.B 14001000005Submission date:03-08-2015

Separation of Power

The constitutional principle that limits the powers vested in any person or institution. This principle is expressed fully in US constitution, but used only as a guide in the UK.

Separation of Power UK Constitution

Origin of the theory Separation of power : This is an ancient principle of the UK

Constitution Greek Philosopher Aristotle first discus about

this principle. He divided the state powers among three divisions such as:

1. Deliberative (Executive)(Law making authority)

2. Magisterial (Legislative)(Enforcing authority)

3. Judiciary(Law implementing authority)

Separation of Power

Montesquieu, published Spirit of Laws in 1748, stated the idea of Separation of Power.

When the legislative powers are united in the same person or in the same body of magistrates there can be no liberty , there is no liberty if the powers of judging is not separated from the legislative and executive, there would be an end to everything, if the same man or the same body were to exercise those three powers.

Political Theory

The doctrine of separation of powers is not a legal principle; it is a political theory.

Separation of power has further been explained by professor Wade who says that the concept of separation power means at least three different things:

That the same person should not form part of more than one of the three organs of government.

For example, a) that ministers should not sit in parliament. b) That one organ of government should not control or

interfere with the work the of another. For example, that the judiciary should be independent of

the executive; and c) That one organ of function of government should not

have legislative functions.( ministrative Law 4th end,P.105)

Constitution of UK

The Executive

The executive may be defined as that branch of the state, which formulates policy and is responsible for its execution. In formal terms, the sovereign is the Head of the executive. The Prime Minister, Cabinet and other ministers, for the most part, are elected Members of Parliament. In addition, the Civil Service local authorities, police and armed forces, constitute the executive in practical sense.

The Legislative

The Queen in Parliament is the sovereign law making body within the United Kingdom. Formally expressed, parliament comprises the Queen, the House of Commons and he House of Lords. All Bills must pass by each House and receive the royal assent.

Parliament can legislate on any subject matter

Parliament member makes the law

The Judiciary

The judiciary is that branch of the state which adjudicate upon conflicts between state institutions, between state and individual, and between individuals. The judiciary is independent of both parliament and the executive. It is the feature of judicial independence.

There is a partial separation: whilst the legislature and the executive are fused and have overlapping functions and personnel, the courts are more or less separate. Yet there are some anomalies, the most significant of which concern the role of Lord Chancellor and the Attorney General and the position of the Law Lords.

Executive and Judiciary

judges owe their appointment to the executive. The Sovereign appoints them on the advise of the Prime Minister.

security of tenure of judge as against the executive has not really been an issue since the Act of settlement was passed in 1700.

the judiciary checks the executive by reviewing its action, to decide whether they are lawful or not.

Legislative and Judiciary

The departure of the judiciary from the House of Lords has led to greater tension between the government, Parliament and the courts, as the senior judges are no longer able to amend and speak on Bills and Peers are no longer able to question the judges and thereby hold them to account.

The legislature retains the right to impeach members of the judiciary by agreement of both houses, but this has only happened once in three hundred years. There are restrictions on the criticism of judges in parliament. Courts are bound to interpret Acts of Parliament, even retrospectively, and legislative supremacy dictates that they cannot declare properly enacted law invalid. They are not bound by other resolutions of either house.

Legislative and Executive

by law the meeting of parliament is depended on the will of Sovereign it and dissolves it.

when parliament is in session and a government has been formed ,parliament .

while the House of Commons retains control over the executive ,the paradox is that there another sense in which the executive often appears conversely to control the whole House of Commons.

Separation of power Picture

Conclusion

The above discussion makes it clear that strictly speaking there is no absolute separation of power in British Constitutionalism.

However, this is not to show that the separation of power doctrine has been without effect.

Thanks to all