A mixture of both lecture and own notes covering the separation of powers within the UK. There are 3 main powers: Executive, Legislator and Judiciary. This document explains why this is needed within the UK.
LECTURE 3 19/10/17
SEPARATION OF POWERS
This is a theory that explains how power is distributed in the State and how institutions
relate to each other.
Montesquieu stated:
“When the legislative and the executive powers are united and in the same person,
there can be no liberty.”
- This theory identi es the di erent parts of a constitution
- If there is an overlap or performed by the same body, there would be an abuse of
power
WHY DO WE NEED A SEPARATION OF POWERS?
Lord Donaldson, MR + Henderson stated:
• This allows a government to rule but not abuse its power
• Parliamentary Sovereignty (parliament are supreme) because there is no balance
• Executive should be separated from law making and should rule/run the country
according to law (established in: Magna Carta 1215)
• The Bill of Rights established the separation of the Crown from the Parliament
• The Act of Settlement 1700 established an independent judiciary meaning the
courts are independent.
CONSTITUTIONAL REFORM ACT 2005
- Abolished Lord Chancellor (who was the head of judiciary and cabinet member) as
this was a breach of separation of powers.
- Created the Supreme Court, highest court in the UK, (was known as appellate
committee of House of Lords)
- Judicial Appointments commission: Able to appoint judges independently
LEGISLATIVE AND EXECUTIVE
- Personnel are provided by Parliament for Government
• Ministers have to be a member of Parliament as Government are formed via
elections
- FUSION OF POWER? 90% of the Bills come from the Government and this shows
that there is a great amount of authority on Parliament
- Party Whips are positions in parties to ensure discipline and to encourage/enforce
fellow legislatures to attend voting sessions.
- PARLIAMENT ACTS 1911 &1949
Established the House of Commons as the superior chamber which therefore increases
government in uence
ELECTORAL PROCESS
- Political party that wins majority forms government
- When there is more than majority Government can easily pass laws
• This would lead to an abuse of power. Example: Tony Blair’s time as PM
PARLIAMENTARY ACCOUNTABILITY
- Scrutinises: asking questions and demanding answers
- Walter Bagehot stated:
Success of UK constitution is the Government in Parliament
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