The Importance Of Separation Of Powers In The UK

Introduction

Separation of powers is a constitutional doctrine that is most often associated with the French writer Baron Montesquieu. It however, is a doctrine that can be traced back to a much earlier time. A basic proposition of good governance and a form of separation of powers has been in existence since ancient Greece in the writings of Aristotle’s Politics.

The doctrine is widely regarded as a fundamental constitutional doctrine and constitutions are often judged on how clearly the doctrine is present in it. It is the purpose of this essay to first to consider the nature and importance of the doctrine and then go on to consider the constitutional arrangements of the United Kingdom to see whether the doctrine of Separation of Power

Lord Atkin famously is quoted as saying, “power corrupts and absolute power corrupts absolutely.” Once again this reinforces the idea that if power is concentrated in one group of people or person, there may be a situation of abuse of power. As such it is of vital importance that the doctrine of separation of power is alive and well in any constitution.

The UK situation

The doctrine of Separation of Power in the UK has long been viewed as unclear at best. Many authors have been quite harsh in their assessment of the doctrine in the UK constitution. SA de Smith wrote “No writer of repute would claim that it is a central feature of the modern British Constitution”

This would have been an accurate representation of the UK constitution prior to the Constitutional Reform Act 2005. This act introduced tremendous constitutional reform and has brought separation of powers in the UK to a more modern footing. The reform brought about by the CRA has remedied some of the biggest offenders of separation of power in the UK’s constitutional

Many mechanisms that have been mentioned above are merely conventions and not enforceable in court.

Conclusion

It is beyond doubt that the doctrine of Separation of Powers is an important one. In the UK, the Constitutional Reform Act has made Separation of Powers clearer for all to see and this is most commendable. It is however, not to be taken that there was absolutely no separation of power in the UK prior to the CRA. Many conventions and Acts were put in place to prevent the potential abuse of power that could have existed as we have seen above.

Although there are still many arrangements in the UK constitution that one could pin point and claim that there is no strict separation of power in the UK, Munro says to do this would mean that one is satisfied with the form and has missed the substance. The UK constitution, despite its shortcomings is firmly rooted in the principle behind the separation of powers even if it may not be very clear for all to