Essay On Separation Of Power
It will analyse the relationship Essay On Separation Of Power the Executive, Legislature and the Judiciary and how Separatoon United Kingdom does not strictly adhere to the doctrine. Originally it was the Monarch who had all the power, however, it has now been transferred. The Legislature, or law making function, which covers actions such as the enactment of rules for society.
The Executive, or law applying function, which covers actions taken to maintain or implement the law, defend the state, and conduct internal policies. Finally, the Judiciary, or law enforcing function, which is the determining of civil disputes and the punishing of criminals by deciding issues of fact and applying the law.
Government Separation Of Powers Essay
These functions of Government should be carried out by separate persons, or bodies and that each branch should carry out its own function. For example, the Legislature should not judge nor should the Executive make laws. The Legislature, Executive and the Judiciary should also all have equal legal status so each could control the excessive use of power by another branch. The British Constitution is fundamentally different to the US constitutional nO and its fragmented structure.
Click Here to Hire an Expert
By contrast, the British constitutional model has evolved and adapted over the centuries, deriving from statute law, customs and monarchical power among various sources. Such contrasting constitutional evolution has led to differing interpretations and applications of the theory of the separation of powers.
Indeed, some would say that the basic principles of the separation of powers are http://pinsoftek.com/wp-content/custom/life-in-hell/wag-the-dog-essays.php specifically adhered to within the British political model. In practice this means that in the USA the President and members of the legislature Congress are elected separately and occupy completely different political branches, whereas in the UK the most senior elected members of Parliament also form the executive branch of government.
Separation of Powers Essay
This more fused political structure leads to a situation where the Prime Minister and Cabinet the executive are Essay On Separation Of Power elected members of Parliament legislaturecreating a scenario that conflicts with the essence of the separation of powers. The British political system also had the historic position of Lord Chancellor possessing the greatest theoretical power, being part of the executive Cabinetlegislature House of Lords and the head of the judiciary simultaneously. Such a concentration of power is broadly prohibited in the USA and other western democracies due to the nature of their codified constitutions. Such constitutional developments have led to Essay On Separation Of Power creation of political circumstances in the UK whereby the executive has gradually come to dominate the legislature, despite the British political tradition of sovereignty ostensibly residing in Parliament.
In such an environment, a government with a significant parliamentary majority, e. The judiciary, symbolized by the role of the Lord Chancellor who is a member of the ruling party, has over the years appeared to have been manipulated by the governing regime in a way that the US Supreme Court could never be.
Such trends of excessive executive power have been exacerbated by dominant Prime Ministers such as Margaret Thatcher and Tony Blair. This process has been evident in a number of key constitutional reforms, starting with the Human Rights Act ofa piece of legislation that has created more explicit safeguards concerning the distribution of political power within the UK. This Act has subsequently enforced the need for British law-makers to strictly adhere to the principles of human rights when passing legislation in order to remove the prospects of legal Esay at a later stage. In practice, as evident in the Belmarsh case, it means that legislation that derives from Parliament, under the control of the executive, can now be more closely scrutinised and challenged by the judiciary, bolstered by an enhanced human rights framework.
Thus, a clearer separation of powers now appears to be in place as a result of the Human Rights Act. However, while the Act does provide added powers of judicial scrutiny over the executive and legislative branches in their law-making role, Parliament retains ultimate sovereignty and can change the law as it wishes, in spite of check this out criticism. In terms of ignoring such judicial interventions, any government would probably cause itself considerable Essay On Separation Of Power damage in doing so, but it has the right to do so nevertheless. In this respect, the UK Human Rights Act is not as Essay On Separation Of Power in preserving fragmented government and civil liberties as the US Bill of Rights is, which it has been compared PPower.
Indeed, the current British Conservative opposition has even talked of abolishing this legislation, and Poder would have implications for tackling the effectiveness of the separation of in the UK.]
The amusing moment
What turns out?