Lecture 3: Separations of Power
Key principles:
Separation of powers, Parliamentary sovereignty and rule of law
Definition: Separation of powers is a theory which explains how power is distributed
or allocated within a state
Core cons. Functions of state should be practiced by three separate institutions by
different people to avoid overlap
Deliberative institutions= legislative (see Aristotle)
Montesquieu: “When the legislative and executive powers are united in same
person, or same body there can be no liberty…” (basic idea of separations)
If these powers are exercised by same person, there is no liberty
Why we need the separation of powers:
Lord Donaldson (Head of court-MR): “…it is a constitutional convention of the highest
importance that the legislature and the judicature are separate and independent of
one another, subject to certain ultimate rights if Parliament over the judicature”
Also important for rule of law in modern society and democratic government
Since Parliament is sovereign there is no balanced relationship between 3 branches
History Separation of powers in UK
Magna Carta 1215
o King John imposing arbitrary taxes on barons to fund oversees wars
o Barons disagreed and forced John to sign Carta which said he should rule
according to Law
o First separation of Law (judiciary) and Government (executive)
Bill of Rights, 1689
o Formal establishment of parliamentary sovereignty
o limitation of crown’s authority from Parliament (supreme force of law)
Act of Settlement 1700
o Act of parliament emphasizing importance of independent judiciary
Relationships between Institutions
To what extent has the separation of powers affected the UK constitution?
Legislature and Executive-
Lawmaker and the government
Parliament provides people for government (fusion of power?)
General election: party wins most seats in HoC will form gov.
Ministers have to be members of houses
90% of Bills come from gov. which suggests that it has great authority over
parliamentary calendar
fusion between two branches
Role/power of government:
Party whips- party encourages MPs to support what party promotes in parliament
Parliamentary calendar
Parliamentary Acts 1911 and 1949- weaken House of Lords authority (no veto);
establishes HoC more superior
Key principles:
Separation of powers, Parliamentary sovereignty and rule of law
Definition: Separation of powers is a theory which explains how power is distributed
or allocated within a state
Core cons. Functions of state should be practiced by three separate institutions by
different people to avoid overlap
Deliberative institutions= legislative (see Aristotle)
Montesquieu: “When the legislative and executive powers are united in same
person, or same body there can be no liberty…” (basic idea of separations)
If these powers are exercised by same person, there is no liberty
Why we need the separation of powers:
Lord Donaldson (Head of court-MR): “…it is a constitutional convention of the highest
importance that the legislature and the judicature are separate and independent of
one another, subject to certain ultimate rights if Parliament over the judicature”
Also important for rule of law in modern society and democratic government
Since Parliament is sovereign there is no balanced relationship between 3 branches
History Separation of powers in UK
Magna Carta 1215
o King John imposing arbitrary taxes on barons to fund oversees wars
o Barons disagreed and forced John to sign Carta which said he should rule
according to Law
o First separation of Law (judiciary) and Government (executive)
Bill of Rights, 1689
o Formal establishment of parliamentary sovereignty
o limitation of crown’s authority from Parliament (supreme force of law)
Act of Settlement 1700
o Act of parliament emphasizing importance of independent judiciary
Relationships between Institutions
To what extent has the separation of powers affected the UK constitution?
Legislature and Executive-
Lawmaker and the government
Parliament provides people for government (fusion of power?)
General election: party wins most seats in HoC will form gov.
Ministers have to be members of houses
90% of Bills come from gov. which suggests that it has great authority over
parliamentary calendar
fusion between two branches
Role/power of government:
Party whips- party encourages MPs to support what party promotes in parliament
Parliamentary calendar
Parliamentary Acts 1911 and 1949- weaken House of Lords authority (no veto);
establishes HoC more superior
