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Do we agree with Lord Diplock's view that the British Constitution is firmly based on the separation of powers?
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"It cannot be too strongly emphasised that the British Constitution, though largely unwritten, is firmly based on the separation of powers" Duport Steels v Sirs [1980] 1 WLR 142, per Lord Diplock The question here is, do we agree with Lord Diplock's view that the British Constitution is firmly based on the separation of powers? In addressing Lord Diplock's view, the first point to consider is the meaning of the doctrine, 'the separation of powers' and its origin then consider whether or not there's a separation of powers in the British constitution in which the overlaps between the legislative, executive and judiciary arms of the British constitution will be examined. The doctrine of separation of powers has emerged in several forms at different periods and in different contexts and is traceable back to Aristotle; it was developed by Locke; its best known formulation, by the French political philosopher Montesquieu, was based on...
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