What Is The Role Of The Separation Of Powers In The Uk

Decent Essays

1. The role of Parliament in negotiating, ratifying an unmaking international treaties.

1.1 The separation of powers within the state in the UK. The separation of powers within the state marks the democratically view of a contemporaneous constitution. It assures that the governmental powers are divided and no single person or body could exercise absolute power and it encourages a strong collaboration between the powers. The doctrine that influenced the most the separation of powers is the doctrine of Montesquieu, The Spirit of the Laws (1748), who adapted Locke’s version. Montesquieu divided the power of the state in three bodies: the legislative power, the executive power and the judicial power. His theory is sustained by the argument: “When the legislative and executive powers are united in the same person or body… there can be no liberty” His interest was to protect the liberty. Within the UK the separation of powers is not the best example of a strong separation as the the constitution is more clashing considering that fact that the constitution is unwritten. It creates debatable ideas and leaves more space for interpretations. The importance of the separation of powers in the UK is quite doubtful as there is a massive disagreement between academic writers. Marshall argues that the separation of powers just covers the confused collection of principles, each of could be argued in its own right without using the conception of separation of powers, as an example

Get Access
Get Access