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In Lord Woolf’s statement: “The separation of powers has never been part of the framework of our unwritten Constitution.” He is clearly stating that he believes that under the constitution of the United Kingdom
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Public Law Practice Coursework Gemma Francis The separation of powers, originally established by Baron Montesquieu in De l'Esprit des Lois (1748) can be seen as an integral part of any constitution. Montesquieu voiced the necessity for a separation of the primary three bodies: the executive, the legislature and the judiciary. In Lord Woolf's statement: "The separation of powers has never been part of the framework of our unwritten Constitution." He is clearly stating that he believes that under the constitution of the United Kingdom there are important departures from the classic doctrine, and the separation of powers has never been a basis on which the people could rely upon. In contrast to this, Lord Irvine states "The British Constitution is firmly based on the separation of powers" which obviously means he wholly believes the British constitution is in no breach of the doctrine. There are arguments both for and against each statement. The first thing...
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