Separation Of Powers Of The United Kingdom Essay

1351 Words Jan 13th, 2016 6 Pages
Separation of powers is a theory or doctrine that appeared in the United Kingdom (UK) through statements given by Montesquieu in 1748, which uphold the principle that in an idealised British constitution has a division of power in the three institution of legislative, executive and judiciary branch . This essentially means that the theory portrays the way a states power and functions are distributed in order to guard against tyranny. Some of the earliest sightings of separation of power coming into force in the UK could be seen through Magna Carta 1215, which stated the principle that even the crown was subject to the law which limits his power. Similarly, a constitution also generally defines the structure of a state which shows where the power lies and where it could be used. This could be found in single documents like the United States and France where their written constitution is their highest form of authority. However, in Israel, New Zealand and the UK the highest form of authority could be found in legal and non legal sources . Many theorists argue that the application of the separation of powers in the UK will not be effective due to the absence of a codified document. However, some may say that separation of power still has influence as evidenced by the Magna Carta 1215, Constitutional Reform Act 2005 and Bill of Rights 1689 thus, still able to be applied.
The overall aim of separation of powers is dividing the branches of Executive, Legislature and Judiciary…

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