Separation of Powers in the Uk Essay - 1464 Words

This essay will seek to analyse the doctrine of the separation of powers and the importance of its presence within a constitution. Particular emphasis will be placed on identifying how this idea is incorporated into the United Kingdom’s (UK) constitution and the effect that recent developments of constitutional reform such as the introduction of the UK Supreme Court in place of the House of Lords has had. The doctrine of the separation of powers is an idea that can be seen in writings as far back as the time of Aristotle. This concept states that any constitution relies on the ‘three pillars of state’ which are the executive, legislative and judiciary. Montesquieu formulated this concept in the eighteenth century and in ‘L’Esprit des†¦show more content†¦The courts also appear to exercise legislative functions along with their judicial roles through means of the common law. Judges for years have been creating and changing laws as they see fit and still to this day have the power to make binding precedents. However, the position of Lord Chancellor was regularly criticised as it held presence in all three of the ‘pillars of state’. It would appear from this that indeed the United Kingdom does not exercise the concept of separation of powers. In February 2004 the House of Lords introduced what was eventually to be The Constitutional Reform Act 2005 . This act looked to tackle two of the perceived main criticisms of the UK constitution namely the role of Lord Chancellor and to bring in a Supreme Court to take over the role of the appellate committee of the House of Lords in the judiciary as prior to this members of the House of Lords were members of both the legislature and the judiciary. The Supreme Court of the United Kingdom was thereby opened in 2009 however; it would appear questionable as to whether it has really brought around a separation of powers. If a logical approach is taken then this introduction of a new chamber has made a big change to the constitution as no longer would it be possible for law lords to sit in the judiciary and vote in parliament however, if we take an alternative view then the Supreme Court hasShow MoreRelatedEssay The Separation and Balance of Powers in the UK Constitution1225 Words   |  5 PagesThe Separation and Balance of Powers in the UK Constitution â€Å"By the latter part of the 20th century the independence of the judges had come under increasing threat from interference by the executive. Recent reforms have, however, served to redress this position and ensure that a proper division of personnel and functions between these two arms of the state is restored. Discuss this statement in the context of the Separation/ Balance of Powers in the UK constitutionRead MoreRule of Law and Separation of Powers745 Words   |  3 PagesWithout the separation of powers, neither of these principles would be realized. 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