Separation Of Power In The Uk Essay

In the UK, power and control over society is divided equally between three separate bodies. The separation of powers according to Montesquieu, a 18th Century philosopher, is made up of the Legislature (Parliament), the Government, and the Judiciary (judges) . The power is divided to prevent it becoming dangerously concentrated in the hands of one person or a small group of people . The Government is responsible for developing and implementing laws and is made up of the Prime Minister and secretaries of state also known as the cabinet . Parliament is the supreme law-making body in the UK. It is made up of elected members of the public in order to represent society. Parliament has two main duties. One duty is to legislate and the other duty is to debate on matters of urgent public importance . The final body is the Judiciary. A judge’s role is to simply apply the law to a case brought to them and to explain the law to a jury in criminal matters. According to J.A.G Griffith the traditional view of the judiciary is to decide disputes in accordance with the law and be impartial .While all three bodies have their role, some would argue that Judges trespass on the functions of the other bodies when exercising their decision making power. This is demonstrated through the …show more content…
This rule does not follow the literal meaning of words but instead focuses on the intention of Parliament and the purpose of legislation. The rule while it remains within legislation focuses less on what is wrote down in statute, but instead focuses on developing clarity on what the statute intended. In Elliott v Grey it was held that under the Road Traffic Act 1930, an uninsured car which was on the road however unable to be used was still under the phrase stated in statute 'used on the road ' . This case demonstrates the court applying the intention of Parliament rather than the word’s used in statute to make a