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'If the separation of powers was a reality in the British constitution, governmental and judicial arrangements would require major modification' - Discuss.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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Our unwritten constitution rests upon Separation of Powers...It is for Parliament to make new laws and to amend old laws, including the common law. It is for the courts to interpret and enforce the law. It is for the government to govern within the law. Each in its own sphere is supreme1. The doctrine of Separation of Powers is fundamental to the constitution of most modern states. This doctrine states that, in order to prevent despotism or absolutism, power should not be concentrated in any one body or person. This doctrine is consistent with a constitutional arrangement which allows for three discrete bodies, with rigid separation of functions and personnel. Whilst the fact that it is possible to identify three separate constitutional elements may lead one to think that this doctrine is respected in the UK it is not difficult to identify numerous overlaps ("fusions") in personnel and functions between the constitutional...
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