SEPARATION OF POWERS under United Kingdom's Law

SEPARATION OF POWERS

The concept is of great antiquity and can be attributed to Aristotle (384-322 BC); however, the clearest exposition of the

doctrine can be found in Montesquieu's De L' Espirit des Lois 1748.The essence of the doctrine of separation of powers is that there should be, a clear demarcation in function between the legislature, executive

and judiciary in order that none should have excessive power and there should be in place a system of checks and balances between the institutions. The doctrine does not insist that there should be three institutions of the government each operating in isolation from each other.

Indeed such an arrangement would be unworkable. If constitutional arrangements within a state are considered, a of possibilities exists. absolute power residing in one person or body exercising executive, legislative and judicial powers: no separation of powers. power being diffused between three separate bodies exercising separate functions with no overlaps in function or personnel. pure separation of powers; and powers and personnel being largely- but not totally- separated with checks and balances in the system to prevent abuse: mixed góvernment and weak separation of powers.It is the third category that the constitution of the United Kingdom.

""Relationship between Legislature and Executive""

The Sovereign is head of the Executive and also an integral part of the Legislative. Her powers are, however, theoretical rather than real. More importantly, by convention ministers must be members of one or other House of Parliament. Parliament controls the Executive in that Parliament

Government by withdrawing support. Some parliamentary control of the Executive exists in the form of question time, select committees, adjournment debates and opposition days. There are a vast number of statutory instruments issued byministers every year. Thus the Executive exercises a considerable legislative function.

""Relationship between the Executive and the Judiciary""

The Lord High Chancellor is a member of the Executive, head of the Lord Chancellor's department and a member of the Cabinet. He is also the head of the judiciary, entitled to preside over the House of Lords when it sits as a court. A member of the House of Lords, he is also a member of the Legislature.The Judiciary is appointed by the Executive. Magistrates and circuit judges are appointed by the Lord Chancellor. High Court judges are appointed by the Queen on the advice of the Lord Chancellor. Lords Justice of Appeal and Lords of Appeal in Ordinary are appointed by the Queen on the advice of the Prime Minister after consulting the Lord Chancellor. Magistrates are dismissible by the Lord Chancellor without cause shown. Circuit judges are dismissible by the Lord Chancellor for incapacity or misbehavior. Relationship between Judiciary and Legislature Under the House of Commons Disqualification Act 1975 all full-time judicial appointments disqualify the holder from membership of the House of Commons. But, the House of Lords is both the second chamber of the Legislature and the highest Court of Appeal in the United Kingdom. Also the Lord High Chancellor presides over the House when it is sitting in its legislative capacity, and is entitled to preside over the Appellate Committee when hearing appeals. Parliament can control the courts, in a sense, by legislation.