The doctrine of ‘The separation of powers’ is included in the United Kingdom’s constitution which enables the country to operate steadily without giving excessive power to one party. This theory was created by Montesquieu in 1748 to make sure that there is liberty within the country. The United Kingdom’s model of separation of powers includes the Legislature, Executive and Judiciary.
These three groups each play individual important roles within the UK’s constitution. The role of the Legislature is to create statutes and analyse government policy and administration. It is made up of the Crown, House of Lords, House of Commons, and other law-making bodies such as the EU. The Executive is made up of the cabinet ministers, prime minister and all other non-cabinet ministers such as the police and local authorities. They oversee regulating and implementing government policies and also create delegated legislation. Lastly, the Judiciary are independent and oversee reviewing statutes and decide cases regarding conflicts between the state and an individual or amongst individuals.
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Each of these institutions over-lap with each other through the check and balance system. For example, the Judiciary checks the Legislature and Executive, the Legislature checks the Executive and Judiciary and the Executive checks the Legislature and Judiciary.
The Legislature checks the Executive through oral and written methods. For example, they may hold meetings in parliament to ask questions for the Prime minister to answer. The legislature also reviews the delegated legislation made by government departments, local authorities, and other public bodies. An example of delegated power is allowing ministers and others to amend an Act of parliament if necessary.
The Executive checks the Legislative as they control most of the legislative agenda which means that they stop MPs that are not members of the government from creating regulations opposing to government procedures.
Having the checks and balance system creates a weaker separation of powers as a pure separation of powers would mean total isolation of all three institutions with no interactions between each other. I think the United Kingdom’s way of carrying out the separation of powers is sufficient as it allows a balance in the powers used by each institution so that no one institution has more power than the others, preventing an abuse of power that may occur.
The relationship between the Executive and the Legislature is very close as it represents ‘the efficient secret of the English constitution’-stated by Bagehot. The meaning of this is that unlike the USAs separation of powers where all institutions are purely separated, the UKs Executive and Legislature are almost fused together and integrated, however, within the theory of the separation of powers, they are both separate.
Montesquieu stated that a person cannot be a member of more than one institution. The Lord Chancellor was a member in all three institutions. He was the speaker of the House of Lords, a member of the cabinet and the head of the judiciary. However, there were many criticisms about the closeness between the Lord Chancellor and the Executive. Therefore, the Constitutional reform Act 2005 was put in place which reformed the office of lord chancellor so that there was a finer distinction between the judiciary, executive and legislature.
Another interaction that takes place within the legislature and executive is when parliament want to make a law. Bills are introduced to the parliament either by the government, individual MPs or Lords and private individuals and organisation. An act of parliament is only created if both houses agree to it after examining the details, and the royal assent is given.
Overall, there is a close connection between the executive and legislature. The integration delivers firmness and effectiveness in the running of the state as the executive are given more liberty and are able to make law through delegated legislation so that Parliament do not have to scrutinise every small detail of a bill.
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