Law and Convention Report: UK Separation of Powers and Conventions

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Added on  2023/01/06

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This report provides an analysis of the separation of powers, focusing on the legislative, executive, and judiciary branches, and their roles in maintaining balance within a society. It contrasts this with systems like parliamentarianism. The report also examines the Salisbury Convention in the United Kingdom, detailing its function in relation to the House of Lords and House of Commons, particularly concerning government legislation promised in election manifestos. The report highlights the importance of the convention in recognizing the electorate's views and the procedures followed in introducing new laws, including the three stages of reading. References to relevant books and journals are also provided to support the analysis.
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Table of Contents
MAIN BODY ..................................................................................................................................3
Separation of power................................................................................................................3
Salisbury addition convention................................................................................................4
REFRENCES...................................................................................................................................5
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MAIN BODY
Separation of power
In septation of power there are three bodies that is been given power to handle all
function which helps in maintaining of balance within a society. These bodies are legislative,
executive and judiciary. Three bodies that exists within this model makes sure that disputes
arising or crime increasing decreases within an organization. Any sate that has to be formed or
run has to be have these three bodies (Orr G, 'The Warsaw Convention' 2020). It can be
contrasted with the fusion of powers parliamentarianism semi-presidential systems, where the
executive and legislative branches overlap (Harrison, 2017). Separation of power clearly
mentions that no department is allowed to interfere in the functioning of each other. This means
that parliament is given the power to form laws, Security persons has been given power to catch
persons or individual and judiciary is having power to grant them punishment for the wrong.
Interdependency of work is introduced by this doctrine. In separation of power various divisions
are involved within it that has been given responsibility by the government for helping in
making core areas functioning possible with consistency and efficiency. Various principals are
there that is being used for making roles and functions to be distributed in proper manner and are
explained as follows:
Legislative branch holds responsibility for making enhancement of laws and making
approaches of necessary operations possible in appropriate manner. This branch has been
given powers to make laws by following procedure prescribed under constitution.
Executive branch is been given responsibility of making enhancement over the policies
and seeking that there administration is done in proper manner. It helps in making laws to
be administered in proper manner. Administration is generally related to paper work and
collection of evidence against a crime.
Judiciary that is holding responsibility of interpretation both constitution and law while
safeguarding it.
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Salisbury addition convention
As Britain is having unwritten constitution due to this reason only House of Lords and
House of Commons is required to be dependent over the unenforceable convictions for dealing
with issues. This is considered to be that kind of procedure that is not written down in law. The
Salisbury Convention is a constitutional convention in the United Kingdom under which the
House of Lords will not oppose the second or third reading of any government legislation
promised in its election manifesto. This convection recognizes views of electorate that is being
represented by the members in House of Commons and also analysis has to be done by House of
Lords. After this in order to introduce a new law three stages of reading is followed. Salisbury
Convention has been recognized with the view of making electorate that has to be presented by
the members in House of Commons this is not necessary with the view of House of Lords.
Conventions is there to make House of Lords not rejecting the bill at second or third reading. As
bills are based on the promises made at the time of election. Instead the bill should be send back
to electorate that is house of commons ('Barcelona Convention' 2016).
Roots of this convention is having its existence in the 1900s and the modern form is
being introduced by Lord Salisbury, the Conservative leader of the House of Lords. Bill is
required to be referred back to House of Commons and House of Lords is being proposed
through making amendments that has been used for making changes if required to be done.
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REFRENCES
Books and journals
'Convention Portant Loi Uniforme Sur Les Chèques - 1931/1931 - Convention Providing A
Uniform Law For Cheques' [2017] Uniform Law Review
'Convention Portant Loi Uniforme Sur Les Chèques - 1931/1931 - Convention Providing A
Uniform Law For Cheques' [2018] Uniform Law Review
'Constitutional Law: Powers Of Constitutional Convention' (2019) 6 Michigan Law Review
Orr G, 'The Warsaw Convention' (2020) 31 Virginia Law Review
'Barcelona Convention' (2016) 10 Environmental Policy and Law
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