Public Law - Separation of Powers I - Development of the Doctrine
- Created by: Alasdair
- Created on: 13-11-20 02:50
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- Separation of Powers I - Development of the Doctrine
- No formal separation of powers within UK
- But doctrine is said to be one of principles which underpin constitution of UK
- Doctrine of separation of powers identifies three branches of state:
- Legislature (or parliament) which makes law
- executive (or government) which implements or administers law
- judiciary (or courts) which resolves disputes about the law
- Doctrine holds, as each branch of state has different role to play within constitution, there should be no overlap between branches, either in terms of their functions or in terms of their personnel.
- If overlap were to exist, would represent unhealthy concentration of power, which could lead to arbitrary or oppressive government
- Doctrine holds, as each branch of state cannot in reality operate in isolation from other branches, should be system of 'checks and balances' in place
- so one branch can be kept 'in check' by other branches and there is a 'balance of power' between different branches
- Hilaire Barnett summed up doctrine
- There should be clear demarcation of personnel and functions between legislature, executive and judiciary in order that none should have excessive power
- There should be in place a system of checks and balances between institutions
- No formal separation of powers within UK
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