Separation of powers
Legislation- executive- judiciary
Relationship with the rule of law
- The three constitutional principle are “related” to each other; and form the basis of
constitutionalism.
- Rule of law
Separation of powers prevents tyranny through division of power.
It forces the different organs of the state to act within their power only.
Government according to the law.
Government acquires only requires the powers necessary to achieve their policy goals.
Why do we separate powers?
- The SoP helps protect individuals and their liberties. Creating a system of ‘checks and balances’
- Efficacy- powers are divided sensibly, between different institutions of government
“the legislative, executive, and judiciary departments =, shall be separate and distinct, so that neither
exercise the powers properly belonging to the other; nor shall any person exercise the powers of more
than one of them at the same time..” – the constitution of virginia.
Two forms of separation
1. Function
The three branches fulfil separate and distinct functions
2. Personnel
The three branches are staffed by different people
The executive has the power to implement the law
The judiciary has the power to make judgements on the law
The legislature has the power to make and change the law
The legislature
- The crown
- House of commons
Elected
650 members
Political parties
Government
- House of lords
Unelected
The executive
- Crown
- Prime minister
- Cabinet
- Government
- Civil services
- Police force
- Armed forces
The judiciary
- Supreme court
- Appointment
- Tenure
- Salary
- Independence
The separation of powers and the British constitution
Legislation- executive- judiciary
Relationship with the rule of law
- The three constitutional principle are “related” to each other; and form the basis of
constitutionalism.
- Rule of law
Separation of powers prevents tyranny through division of power.
It forces the different organs of the state to act within their power only.
Government according to the law.
Government acquires only requires the powers necessary to achieve their policy goals.
Why do we separate powers?
- The SoP helps protect individuals and their liberties. Creating a system of ‘checks and balances’
- Efficacy- powers are divided sensibly, between different institutions of government
“the legislative, executive, and judiciary departments =, shall be separate and distinct, so that neither
exercise the powers properly belonging to the other; nor shall any person exercise the powers of more
than one of them at the same time..” – the constitution of virginia.
Two forms of separation
1. Function
The three branches fulfil separate and distinct functions
2. Personnel
The three branches are staffed by different people
The executive has the power to implement the law
The judiciary has the power to make judgements on the law
The legislature has the power to make and change the law
The legislature
- The crown
- House of commons
Elected
650 members
Political parties
Government
- House of lords
Unelected
The executive
- Crown
- Prime minister
- Cabinet
- Government
- Civil services
- Police force
- Armed forces
The judiciary
- Supreme court
- Appointment
- Tenure
- Salary
- Independence
The separation of powers and the British constitution
