Separation of powers
Introduction
The idea of Separation of Powers suggests that governance of the State should not fall solely under one organ of the State which could be identified as the Executive, Legislature and Judiciary. Aristotle in his Politics submitted this theory but the most famous version was being suggested by Montesquieu in ‘De L'Espirit des Lois'. His arguments indicate that there were three functions of government, Legislative as the law-making body, Executive as the law-applying body and Judiciary as the Law-Enforcing body. Early findings indicates that Montesquieu theory was unreachable since it is almost impossible for United Kingdom(UK) to have full Separation Powers of the three organs.
The Constitution Of United Kingdom
The UK constitution is largely unwritten which means that there is no one piece of material stating the constitution of the country. The constitution in seen to has grown over the years in history rather than having a piece of legislation stating the constitution like most of the countries. The constitution could be found in fundamental documents, statutes, case laws as the legal resources and some non legal-resources as the constitutional convention. They can be drawn from the Magna Carta (1215), The Petition of Rights (1628), Bill of Right (1689), Act of Settlement (1700), Treaty of Union (1706) and several other statues. The constitutional conventions are non-legal rules guiding the three organs of the state. The Separation of Powers is vital in the constitution as suggested by A.V. Dicey's rule of law.
The three organs could be identified as the Legislature, Executive and Judiciary. All three organs should have different powers and do not interfere the powers of another. As being mentioned before, this theory seemed impossible given the constitutional convention in UK.
The executive, comprising the Prime Minister and his Cabinet Minister and the Crown, formulate and implement government policies across all governmental
The idea of Separation of Powers suggests that governance of the State should not fall solely under one organ of the State which could be identified as the Executive, Legislature and Judiciary. Aristotle in his Politics submitted this theory but the most famous version was being suggested by Montesquieu in ‘De L'Espirit des Lois'. His arguments indicate that there were three functions of government, Legislative as the law-making body, Executive as the law-applying body and Judiciary as the Law-Enforcing body. Early findings indicates that Montesquieu theory was unreachable since it is almost impossible for United Kingdom(UK) to have full Separation Powers of the three organs.
The Constitution Of United Kingdom
The UK constitution is largely unwritten which means that there is no one piece of material stating the constitution of the country. The constitution in seen to has grown over the years in history rather than having a piece of legislation stating the constitution like most of the countries. The constitution could be found in fundamental documents, statutes, case laws as the legal resources and some non legal-resources as the constitutional convention. They can be drawn from the Magna Carta (1215), The Petition of Rights (1628), Bill of Right (1689), Act of Settlement (1700), Treaty of Union (1706) and several other statues. The constitutional conventions are non-legal rules guiding the three organs of the state. The Separation of Powers is vital in the constitution as suggested by A.V. Dicey's rule of law.
The three organs could be identified as the Legislature, Executive and Judiciary. All three organs should have different powers and do not interfere the powers of another. As being mentioned before, this theory seemed impossible given the constitutional convention in UK.
The executive, comprising the Prime Minister and his Cabinet Minister and the Crown, formulate and implement government policies across all governmental