The British Constitutional Order: Fusion of Power or Separation of Power?

Public Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
The Constitution of United Kingdom (UK) is the set of rules which decides the political
governance of UK and the Northern Ireland. The UK has the unwritten and non codified
Constitution. However, the Supreme Court of UK recognises that the constitutional principles
including rule of law, parliamentary supremacy, upholding international law and democracy are
embodied in the laws of UK. Further according to UK Supreme Court, some Acts of the
Parliament has the special constitutional status which provides the principles of Constitution,
which includes Magna Carta of 1215, Bills of Right, 1689 and many other (Reed, 2017). The
concept of separation of power was first coined by Baron de Montesquieu in 18th century who
provided that the three powers should be separate and independent of each other. This essay
report shall cover the analysis of the statement '' the British Constitutional order is based on the
fusion of power. In such circumstances, claiming separation of power is wrong and
meaningless.''
MAIN BODY
The Britain has the Constitution which exist in abstract form which consists of diverse
law, conventions and practices that has been evolved over a long time. The unwritten and non
codified Constitution of UK has govern its status from the special Acts of the Parliament where
parliamentary supremacy, democracy and rule of law have its recognition. The Magna Carta of
1215 provides the king to call common counsel which is now known as Parliament to represent
people, guarantee free trials, hold courts, right to use land to common people and many other.
The concept of Parliamentary supremacy was embodied in Bill of Rights, 1689 and Claim of
Right Act, 1689. The right to vote is provided by Representation of People (Equal Franchise)
Act, 1928 and by being the member of Council of Europe, the human rights were guaranteed to
the people of UK and United Nations guaranteed internal security and peace (Psygkas, 2020).
The United Kingdom became the member of European Community (EU) in 1973.
By virtue of becoming the member of EU, the UK government adopted the principles of
European Convention on Human rights (ECHR) to protect human rights and political freedom in
the Europe. The UK government adopted its principles in its Human Rights Act, 1998 where it
states that the aggrieved party whose rights are violated under the Convention may seek the