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Explain what is meant by the ‘Separation of Powers’. To what extent is it an important element in the constitutional arrangements of this country?
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Explain what is meant by the 'Separation of Powers'. To what extent is it an important element in the constitutional arrangements of this country? What it is: The legislative or law making function The executive or law applying function The judicial or law enforcing function In the UK: Whether it applies: how it applies Issues: - Fusion of legislative and executive functions in the UK - The independence of the judiciary in the UK Include in answer: Ancientness of this idea - Aristotle 'Politics'; Montesquieu 'The Spirit of the Laws' - separation out of the functions of government - the legislative, or law making, function, the executive, or law applying function and the judicial, or law enforcing function. The reason behind it - it is essential for these functions to be carried out by different persons or bodies, each effectively providing a check on the exercise of the other, so that no-one can have absolute power or exercise it arbitrarily. Comparative example...
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