Coursework Assignment



Coursework Assignment

Introduction

There is nothing supreme policy of Separation of Powers in the constitution of the United Kingdom. There is overlapping present in its dual sense in the context of functionality of the Organs of the State and operation on personnel within them. Normally, the philosophy of UK tends to base on an accountability of checks and balances in order to prevent against a variety of misuse of power. According to Baker (2013) the delegates for the allocation of constitutional convention aimed to separate entire power while restricting it within the federal government.

Discussion

Separation of Powers

It is a complete theory and political philosophy that led to holding discussions within UK as to find and gauge if the UK's unwritten constitution is based on separation of powers. The participants belonged to different backgrounds like political sciences, framers of constitution, academic writers and jury members/ judges. The outcome said that separation of powers is a doctrine and not a legal policy.

The original concept has out form Montesquieu, the French Constitutional theorist. He was the one who introduced the concept of separation of powers in Spirit of the Laws 1748. He suggested that an ideal state should be divided into at least three noticeable sub-polices. They are legislature (parliament: make laws), the executive (government-local authorities: administer the laws) and judiciary (implement the laws). All these three should have their own distinctive functions and should never be overlapped. These should also have the needed capability to balance, check and limit the power of other categories. He suggests that in case one category becomes too strong this will indicate to the prevalence of oppressive state.

The origin links the past. John Locke, an English political theorist, predicted a threefold categorization of powers. He made distinction among three kinds of power; legislative, executive and federative. According to his analysis, legislative power holds supremacy even when executive and federative powers are distinctive and it is not necessary to have one beholder for these kinds of powers. Besides, the ideal practice of power is attained not via separation but due to the prevalence of trust. The trust implies to the fact that community possess entrusted political power to the government (Brougham, 1861).

Principles of Separation of Powers

In the UK constitution there is absence of any compulsion to implement and follow separation of powers. There are many laws making activities done by executives via delegated legislation and judges. The theory of separation of power has influence in evaluating how the UK constitution operates. Certainly, Constitutional Reform ct 2005 that among several other provisions takes the place of House of Lords court with the new Supreme Court in 2009. The separation of powers has so far under the pressure of rising governmental interventions into social matter and issues which is even outside its earlier remit. It was dominated by administration, foreign and military policy that led to the creation of 'Big Government'. This seemed to have weakened the concept of government.

Principles of Parliamentary Sovereignty

According to Eleftheriadis (2009) the ...