SEPARATION OF POWERS

The separation of powers in the UK with a focus on the Supreme Court

The separation of powers in the UK with a focus on the Supreme Court

Introduction

The separation of powers shows the ideology that the head institutions of any state should be capable enough to be independent functionally as well as no individual would have the excess powers that would span those of the offices. Mainly the head institutions are taken as legislature, judiciary and executive.

In the early times, the separation of the powers was intended to protect against tyranny and to preserve the liberty in states. It was stated the major institutions should be diversified and dependent over each other so that one single power would not be allowed to exceed the power of others. In today's world the separation of powers is commonly suggested as a method to foster the checks and balances that are needed for a good government.

Discussion

Throughout the world a critical separation is considered as an essential part of the constitutional principle. In the United Kingdom and other jurisdictions of common law, this separation theory has gained less amount of prominence. In UK, the large offices as well as institution have evolved to gain a balance between the Crown and the Parliament. The system reflects a balance of the powers that are more of a formal separation of the three different branches more commonly known as the fusion of powers.

In the last ten years, the idea of the separation of powers has proved in different initiatives of policy making. The government in the past times showed that in the aspects of judiciary of the Constitutional Reform Act of 2005, a more mobile separation of powers was observed. The formation of an independent type of Supreme Court as well as the dismantling of various offices for the Chancellors has not picked many of the aspect of power fusion.

Different matters also got complicated due to the Human rights act of 1998 as well as it demands for the judges to consider the Convention of the Europe over the rights of humans as well as the decisions of the court of Europe in Strasburg. Recently, the change that was proposed over the numbers of parliament members, the utilization of the privileges of the parliament and the involvement of the members in injunctions has gained a rise of issues of the interactions of state institutions. One of the most clear and early statements over the power separation was shown in the Montesquieu in the year 1748 when shows that when the executive and legislative powers get united for a same body or same magistrates body, no liberty would be observed. No liberty would be observed if the powers of judging are not separated from the executive as well as legislatives and there would be a halt to diversified powers if all the powers are being enjoyed by the same body.

Based over the strict interpretation of the power separation, neither of the three power branches ...