Theories Of Separation Of Powers

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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 …show more content…
This is supported by M.J.C Vile who sees that complete separation would not be effective since the lack of communication between the branches would lead to an ineffective state . In conclusion, in relation to our current system overlap of branches due to the lack of a codified constitution it could be seen that applying separation of powers would not be done effectively due to the fusion of powers, however, it is possible for partial separation of powers as it is supported but theorist who think that complete separation with no interference between the branches is an impossible concept to carry …show more content…
One reform directly links to the executive ability on sentencing as now section 60 of the Criminal justice and court service Act 2000 transferred the ability to set tariffs in life sentences from the Home Secretary to the judiciary. Another reform is the Constitutional Reform Act 2005 which main aims were to create a framework for the Supreme Court, have the Lord Chief Justice replace the Lord Chancellor as head of the Judiciary in England and Wales and also placed a duty on Ministers to uphold judicial independence. The removal of the Lord Chancellor’s involvement in relation to judicial appointments and set up a Judicial Appointments Commission for England and Wales gives the Commission a statutory duty to “encourage diversity in the range of persons” . The Acts addition of the Supreme Court was introduces to strengthen the judiciary’s independence and replace the appellate committee of the House of Lords. Therefore, relation to the new reforms it could be seen that it is possible to implement some separation of power

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