Times University Bangladesh

S M RUBEL RANALL.B 14001000005

Origin of the theory Separation of power : This is an ancient principle of the Constitution Greek Philosopher Aristotle first discus about

this principle. He divided the state powers among three divisions such as:

1. Deliberative (Executive)(Law making authority)

2. Magisterial (Legislative)(Enforcing authority) 3. Judiciary(Law implementing authority)

Separation of Power UK Constitution

Coding said that, to be at once a legislative and a judge

is to mingle together justice and the prerogative of Marcy adherer

Recent constitutional statutes: Constitutional Reform Act 2005 consolidated separation

of powers, created a Supreme Court for the UK and transformed the system of judicial appointments

Constitutional Reform and Governance Act 2010 put some prerogative powers e.g. the ratification of treaties and the management of the civil service on a statutory footing.

Separation of Power

There is a debate as to whether such clauses as a

referendum requirement included in an act of Parliament as a condition for amendment or repeal would be binding in practice (manner and form argument). There is no conclusive evidence to support this proposition.

In other words even constitutional statutes are not entrenched and can easily be amended or repealed e.g. Government of Ireland Act 1800 with the division of Ireland including the Republic as a separate nation, Government of Wales Act 1998 modified by the Government of Wales Act 2006.

Further implications

Constitution of UK

The Executive

The executive may be defined as that branch of the state, which formulates policy and is responsible for its execution. In formal terms, the sovereign is the Head of the executive. The Prime Minister, Cabinet and other ministers, for the most part, are elected Members of Parliament. In addition, the Civil Service local authorities, police and armed forces, constitute the executive in practical sense.

The Lord Chancellor is a member of

the executive arm of government. He is a senior member of the Cabinet. It is perhaps this feature of the Lord Chancellor’s office which gives rise o the greatest concern when evaluated against doctrine of separation of powers.

Member of Executive

The Queen in Parliament is the

sovereign law making body within the United Kingdom. Formally expressed, parliament comprises the Queen, the House of Commons and he House of Lords. All Bills must pass by each House and receive the royal assent.

The Legislature

It is the office of the Lord

Chancellor which is most frequently cited as being violation of the doctrine of separation of powers. The reasons behind such claim are the various types of functions of the Lord Chancellor.

The Lord Chancellor’s office

The Lord Chancellor works closely with the

Law Commission of England Wales established by the Law Commission for investigation.

Law Reform

The judiciary is that branch of the state which adjudicate

upon conflicts between state institutions, between state and individual, and between individuals. The judiciary is independent of both parliament and the executive. It is the feature of judicial independence.

There is a partial separation: whilst the legislature and the executive are fused and have overlapping functions and personnel, the courts are more or less separate. Yet there are some anomalies, the most significant of which concern the role of Lord Chancellor and the Attorney General and the position of the Law Lords.

The Judiciary