The Separation Of Power In The UK Constitution

The ‘separation of powers’ is a doctrine that has caused much debate through the centuries, and although it is difficult to find its exact origins, it is possible to distinguish a basic separation of powers doctrine from the writings of Greek philosopher Aristotle. He remarked that a constitution must have three elements to be effective. The three are, first the deliberative, which discusses everything of common importance; second, the officials…; and third, the judicial element. The English political theorist, John Locke, conceived a similar idea about the different types of power. He drew ideas of separate legislative, executive and federative power, however, he did not mention a separate judicial power, and therefore his analysis is not …show more content…
This is a summation of the fact that there is very broad overlap between the legislative and the executive in the UK constitution, as the two powers are closely entwined, often exercised by the same bodies. For instance, Government ministers are members of the executive who exercise a legislative function in Parliament and also when they make delegated legislation. The Prime Minister is a Member of Parliament and occupies a seat in the House of Commons, with a majority of his peers, thus the executive has a powerful influence in the legislative branch. From this, it is evident that a pure separation of powers is not an explicit feature of the UK constitution, and Walter Bagehot’s claim that there is a “nearly complete fusion, of the executive and legislative powers” holds true. However this should not mean that the UK constitution is inadequate and allows for tyrannical rule. Integration of the executive and legislature provides stability and efficiency in the operation of government. It is constitutional convention for the Prime Minister to be both head of the executive branch and leader of the majority party, and this gives the executive a larger degree of freedom of action. The UK constitution has been described as “a system that intentionally promotes efficiency over abstract concerns about tyranny.” To say that a constitution must either adhere to …show more content…
However, in a move towards a more formal separation of powers, the 2005 Constitutional Reform Act proposed a number of changes to the role, which essentially removed the legislative and judicial functions of the incumbent. The Lord Chancellor is no longer head of the judiciary. A role subsequently performed by the Lord Chief Justice. Furthermore, the act established a Supreme Court separate from Parliament and Government for the first time in history, with an independent committee to recommend judicial appointments, known as the Judicial Appointments Commission. Section 40 of the Act sets out that the Supreme Court is the superior court of record and will assume the jurisdiction of the House of Lords in judicial