A Golden Principle of Separation of Powers

Running head: SEPARATION OF POWERS
Separation of Powers
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1SEPARATION OF POWERS
For a democratic government to function in proper manner, it is very essential to have
separation of powers. Doctrine of separation of powers have influenced several philosophers
and constitution makers who have in-depth thinking to this doctrine. One such example is
that of Montesquieu1. Although the constitution of United Kingdom is still unwritten, but at
the same time, it is indeed a golden principle of this doctrine for the entire world to follow.
There is no complete doctrine of Separation of Powers in the constitution of United
Kingdom. There exist overlaps in terms of the personnel who are operating within them as
well as of the functions of organs of the State. United Kingdom depends on a system of
checks and balances for preventing against the abuse of power. Parpworth have also opined
in this context that “a separation of powers in the purest sense is not, and never has been, a
feature of the UK constitution”2 However, separation of powers is a foundational pattern used
for governance of a nation. This paper would elaborate on illustrating the doctrine of the
separation of powers as it operates in UK and to what extent the above statement opined by
Parpworth (2018) us accurate.
According to Strauss, separation of powers refers to the distribution of power to
different branches present within a government3. These branches are basically the legislative,
judicial and executive. It is to note that separation of power is very commonly found in each
and every modern democracies and is also one of the most basic concepts that underlies most
of the contemporary democracies. It limits the practise of corruption within the government
by means of making use of the system of checks and balance. Notwithstanding this fact, it
would be wrong to claim that every government use the doctrine of separation of powers at
equal level. It is to note that each and every jurisdiction has its own requirements and
1 Shackleton, Robert. "Montesquieu, Bolingbroke, and the separation of powers." Charles-Louis de Secondat, Baron de Montesquieu.
Routledge, 2017. 405-418.
2 Parpworth, Neil. Constitutional and administrative law. Oxford University Press, 2018.
3 Strauss, Peter L. "The place of agencies in government: Separation of powers and the fourth branch." Colum. L. Rev. 84 (1984): 573.

2SEPARATION OF POWERS
therefore, the level to which the concept of separation of powers is used differ from one
government to other.
The political doctrine of Separation of Powers could be traced back to Aristotle who
claimed that there are a total of three different elements in every constitution and they are-
“first, the deliberative, which discusses everything of common importance; second the
officials; and third, the judicial element”4. It further highlights all the three elementary
functions which are necessary for the company of any state. These days, they are known as
the judiciary, legislature and the executive. All these are carried out by the Government. It is
to note that Judiciary is composed of all the professional judges. There primary function is
determining all the disputed questions of law and facts that are in accordance with the
country law that is laid down by the parliament and are presented by courts. It is mainly
exercised in the criminal and the civil courts. On the other hand, the legislature refers to the
law-making body. It is composed of House of Lords and House of Commons5. The function
of the legislative include enactment of all the general rules that determines the powers and the
structures of the public authorities. With the same, they also regulate the conduct of the
private companies and that of the countrymen. Lastly, the executive refers to all the persons
and institutions that are concerned with implementing the laws that are made up the
legislature. It is to note that executive comprise of the local government and the central
government along with the armed forces as well. The main function of the executive
comprise of implementing and initiating the legislation, promoting the economic and social
welfare and maintaining the security and order. With the same, it is also responsible for
administering the public services and managing external relations.
4 Rosenbloom, David H. "3a. Public Administrative Theory and the Separation of Powers." The Constitutional School of American Public
Administration. Routledge, 2016. 78-94.
5 Michaels, Jon D. "An enduring, evolving separation of Powers." Colum. L. Rev. 115 (2015): 515.