Question: ‘If the separation of powers was a reality in the British constitution, governmental and judicial arrangements would require major modification.’
Discuss.
Answer: The doctrine of Separation of Powers is fundamental to the constitution of most modern states. This doctrine states that, in order to prevent despotism or absolutism, power should not be concentrated in any one body or person.
This doctrine is consistent with a constitutional arrangement which allows for three discrete bodies, with rigid separation of functions and personnel. Whilst the fact that it is possible to identify three separate constitutional elements may lead one to think that this doctrine is respected in the UK it is not difficult to identify numerous overlaps (“fusions”) in personnel and functions between the constitutional organs. In this essay, after first defining the separate elements of
the UK constitution, I intend to examine and provide comment on various instances of separation and fusion between our constitutional organs....(short extract)
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- Subject: Law
- Course: Public Law
- Level: Degree
- Year: 1st
- Mark: 68%
- Words: 1379
- Date submitted: November 05, 2009
- Date written: Not available
- References: Yes
- Document type: Essay*
- Essay ID: 2728
