SEPARATION OF POWERS
This essay discuses about the principle of separation of powers that exists in modern
constitutionalism that means democracy and revolution and not exist in monarchy because
kings and queens are not chosen by people in monarchy. It also describes that the complete or
partial separation of powers are important because due to these powers cannot overlap among
same people and one person does not have powers in the three branches of any field. Due to
this concept, position of Lord Chancellor is also reduced after The Constitutional Reform Act
2005 (CRA). Lastly, correlation and overlap among legislature and judiciary, executive and
judiciary and among legislature and executive is also demonstrated by the idea of separation
of powers.
The main purpose of separation of powers is to prevent the biasness, tyranny, concentration
of power, absolute discretion of government and to maintain impartiality. The tripartite
structure that is introduced by the Baron de Montesquieu describes the three divisions of
government named as legislature (parliament) that make laws, executive (government) that
applies or implement laws and Judiciary that interpret and enforce laws. These branches
should always be separate and should be exercised by the separate bodies.
The key element is to preserve different government roles independent and controlled by
different institutions to avoid to much power in one place. Lord Acton advised that absolute
power corrupts absolutely. Distribution of powers across branches is done to prevent potential
misuse and to view separation of powers to prevent difficulties. Separation of powers does
not only do to prevent tyranny but to allows government to work proficiently or to do
planning how a government should be organized. Barber described that fulfilling the duties
by institutions with great capability helps things to run easily.
Concept of complete or partial separation of powers is directly linked with rule of law
because if there is no rule of law and ministers are corrupt and do abuse of powers then it can
breach the idea of separation of powers. HL Constitution Committee states in the Sixth
Report of Session 2006-07 that the constructive overlap among three branches of executive,
legislature and judiciary is significant in the essential construction and preservation of
constitution and rule of law. Bradley and Ewing describe opposite point of view that the
complete separation of powers is impossible theoretically or practically and it might result in
This essay discuses about the principle of separation of powers that exists in modern
constitutionalism that means democracy and revolution and not exist in monarchy because
kings and queens are not chosen by people in monarchy. It also describes that the complete or
partial separation of powers are important because due to these powers cannot overlap among
same people and one person does not have powers in the three branches of any field. Due to
this concept, position of Lord Chancellor is also reduced after The Constitutional Reform Act
2005 (CRA). Lastly, correlation and overlap among legislature and judiciary, executive and
judiciary and among legislature and executive is also demonstrated by the idea of separation
of powers.
The main purpose of separation of powers is to prevent the biasness, tyranny, concentration
of power, absolute discretion of government and to maintain impartiality. The tripartite
structure that is introduced by the Baron de Montesquieu describes the three divisions of
government named as legislature (parliament) that make laws, executive (government) that
applies or implement laws and Judiciary that interpret and enforce laws. These branches
should always be separate and should be exercised by the separate bodies.
The key element is to preserve different government roles independent and controlled by
different institutions to avoid to much power in one place. Lord Acton advised that absolute
power corrupts absolutely. Distribution of powers across branches is done to prevent potential
misuse and to view separation of powers to prevent difficulties. Separation of powers does
not only do to prevent tyranny but to allows government to work proficiently or to do
planning how a government should be organized. Barber described that fulfilling the duties
by institutions with great capability helps things to run easily.
Concept of complete or partial separation of powers is directly linked with rule of law
because if there is no rule of law and ministers are corrupt and do abuse of powers then it can
breach the idea of separation of powers. HL Constitution Committee states in the Sixth
Report of Session 2006-07 that the constructive overlap among three branches of executive,
legislature and judiciary is significant in the essential construction and preservation of
constitution and rule of law. Bradley and Ewing describe opposite point of view that the
complete separation of powers is impossible theoretically or practically and it might result in
