Separation Of Powers Essay

What is the separation of powers?

The separation of powers means that the same persons should not form part of more than one of the organs of government, one organ of government should not ¬exercise the functions of another, and each organ of government should act as a check against the others and should be able to do this independently without any undue threat of preventative control or interference. This was first developed by John Locke. It was developed further by Montesquieu in his book, De l’Esprit des Lois (1748), these writers assumed that government can be broken down into legislative, executive and judicial functions. The legislative involves the drafting, publication of new laws and the amendment of existing laws in the UK, consists of the monarch, the House of Lords and the

The separation of powers is mentioned in the speeches and judgments of senior members of the judiciary in decided cases. In the House of Lords’ decision in Duport Steels Ltd v Sirs (1980) Lord Diplock said that the British Constitution is firmly based on the separation of powers in that Parliament makes the laws and the judiciary interprets them. In this case, the separation of powers was used to draw a distinction between the legislative and judicial functions with a view to keeping the judiciary within bounds.

In the House of Lords’ decision in M v Home Office (1993) Lord Templeman emphasized that Parliament makes the laws, the executive carries the laws into effect, and the judiciary enforces them.

The separation of powers was discussed in the dissenting speech of He said that Parliament, the executive, and the courts each have their distinct and largely exclusive domain. He went on to say that Parliament has a largely unchallengeable right to make whatever laws it thinks right. The executive carries on the administration of the country and the courts interpret the laws and sees that they are