Premium Essay

‘There Are Significant Departures from the Pure Doctrine [of Separation of Powers] Under the United Kingdom’s Constitution, and It Must Be Conceded That, While the Doctrine Is Accorded Respect, It Is by No Means

In: Other Topics

Submitted By lucy269212
Words 498
Pages 2
Developed in the 18th century by the French philosopher, Montesquieu , the doctrine of the separation of powers has been a controversial issue in British constitutional law. Whilst it is evident there are three individual branches of power, it is not wholly clear if the functions of these branches are kept concretely independent from one another. Certainly prior to the Constitutional Reform Act 2005, (herein referred to as the Reform Act), there was much overlap between the judiciary, and both the executive and legislative. The changes made by the Reform Act were indeed successful in creating a greater separation of powers, through the change of positions such as Lord Chancellor and the Law Lords. Furthermore, the Act was the first time the role of the judiciary was made entirely independent of government and enshrined in statute. However, the UK still does not have a strict separation of powers. The judiciary is not wholly independent of both the legislative and the executive. Whilst the Reform Act did strengthen the separation of powers in the UK from its previously weak position, the doctrine is not categorical.

Prior to the Reform Act, there was arguably significant overlap in the branches of power, but particularly with the judiciary. The position of Lord Chancellor was one which was incompatible with the independence of the judiciary, and therefore the doctrine. It was said by legal commentators that; “The Lord Chancellor’s position…compromised the judiciary…as an independent body.”
The Lord Chancellor effectively participated in all three branches. He made legislation, executed the legislation and furthermore, he could adjudicate on legislation he had helped create. This was problematic, as it infringed upon the right to a fair trial under Article 6(1) , an issue which was highlighted in the case of McGonnell v UK. Whilst there was a theoretical

Similar Documents

Premium Essay

A Good E-Book on Various Religions Across the World

...permission in writing from the publisher, except by a reviewer who wishes to quote brief passages in connection with a review written for inclusion in a magazine or newspaper. All rights to this publication will be vigorously defended. Visible Ink Press® 43311 Joy Rd. #414 Canton, MI 48187-2075 Visible Ink Press and The Handy Religion Answer Book are trademarks of Visible Ink Press LLC. Most Visible Ink Press books are available at special quantity discounts when purchased in bulk by corporations, organizations, or groups. Customized printings, special imprints, messages, and excerpts can be produced to meet your needs. For more information, contact Special Markets Director, Visible Ink Press, at www.visibleink.com or (734) 667-3211. Art Director: Mary Claire Krzewinski Typesetting: Graphix Group Library of Congress Cataloging-in-Publication Data Renard, John, 1944The handy religion answer book / John Renard. p. cm. ISBN 1-57859-125-2 (pbk.) 1. Religions--Miscellanea. I. Title. BL80.2 .R46 2001 291--dc21 Printed in the United States of America All rights reserved 10 9 8 7 6 5 4 3 2 1 2001004052 CIP Contents I NTRODUCTION ix ACKNOWLEDGMENTS xiii C HRONOLOGY OF MAJOR EVENTS xv GE N E RAL BAC KGROU N D DE FI N ITION S AN D M ETHODS . . . 3 History and Sources . . . Religious Beliefs . . . Signs and Symbols . . . Membership, Community, Diversity . . . Leadership, Authority, Organization . . . Personalities and Powers . . ....

Words: 245202 - Pages: 981

Premium Essay

Bas Bhat

...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...

Words: 195907 - Pages: 784

Free Essay

Thesis

...dissertation is the result of my own work and includes nothing, which is the outcome of work done in collaboration. Chapter 3, “Complexity, TOC and Terrorism”, was presented in an embryonic form at the ISA conference in Chicago, USA, March 2007. Chapter 4, “Organised Crime”, is the further elaboration of a chapter of the same title published in 2007 in the Oxford Handbook on the United Nations Statement of Length The dissertation does not exceed the word limit of 80,000 words Fieldwork Thailand (money laundering); Indonesia and Burma (deforestation); New York (US money supply); Washington DC and Fort Worth, Texas (Organised Crime linked to terrorist funding); Australia (Sydney, (APG) and Canberra (money laundering, South Pacific); and Rome, Italy (Chinese organised crime). Contact Frank.Madsen@cantab.net Abstract Through an analysis of the presence and nature of international monetary flows of non-declared origin and their relation to deviant knowledge, the thesis determines that both terrorism and organised crime are nurtured by a constant trickle from minor sources rather than by large financial transfers; and that anti-money laundering provisions are misapplied, taken too far, too expensive, and incapable of demonstrating their effectiveness. In lieu of more traditional policy recommendations, the thesis develops a complexity-theory based...

Words: 99119 - Pages: 397