the seperation of powers

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Created by
Anosh Eric

Cards (7)

  • the separation of powers was first put forward by a french political theorist called Montesquieu.
  • Montesquieu's throy states that there are three primary functions of the state, and the only way to safeguard the liberty of the citizens of the state is to keep the functions separate. as the power of each is exercised by independent and separate bodies, each can keep a check on the others and thus limit the amount of power wielded by any one group.
  • Ideally, Montesquieu's theory requires individuals not to be members of more than one arm of the state. In some countries, like the USA, there is a written constitution that clearly embodies this theory, but the United Kingdom doesn't have such a written constitution; however, even so, the three organs of state are roughly separated. it is a rough separation because the lord chancellor is involved in all 3 functions of the state.
  • The lord chancellor's role is to manage the judiciary system and the courts. The lord chancellor is a member of parliament and so a member of the legislature. The lord chancellor is a member of the cabinet and as such a part of the executive.
  • The three arms of state are as such:
    1. the legislature- the arm that makes the law of the state, in the English system, this is parliament.
    2. The executive- this is the arm that administers the law, in the British political system this is the government.
    3. The judiciary- the arm of the people who apply the law, AKA Judges.
  • There is an overlap between the executive and the legislature because there are ministers who form the government who also sit in parliament and are also active in the process of making the law.
  • With the exception of the lord chancellor, there is very little overlap between the judiciary and the other two arms of state. this is important because it allows the judiciary to act as a check and ensure that the executive doesn't overstep its constitutional powers. However, it is open to debate whether the judiciary is truly independent from the other organs of government