Separation of Powers

The separation of powers is a constitutional principle that divides the functions of the state between three distinct branches: the legislature, the executive, and the judiciary. Each branch performs a different role, and each provides checks and balances on the others. The purpose of this division is to prevent the concentration of power in any single body and to safeguard individual liberty and the rule of law.

The Three Branches of Government

(a) The Legislature – Parliament
Parliament makes the law. It consists of:

The House of Commons, made up of elected Members of Parliament (MPs).
The House of Lords, which revises and scrutinises legislation.
The Monarch, who gives formal Royal Assent to new laws.

Parliament also holds the executive to account through debates, select committees, and votes of confidence.

(b) The Executive – Government
The executive implements and administers the law. It includes:

The Prime Minister, Cabinet, and government departments.
The civil service and public bodies that carry out government policies.
The executive proposes most new legislation and runs the day-to-day business of the state.

(c) The Judiciary – Courts
The judiciary interprets and applies the law, resolving disputes between individuals and the state. It must be independent of political influence to ensure fair justice.
The court hierarchy runs from the Magistrates’ and County Courts up to the Supreme Court. Judges also review the legality of executive actions through judicial review.

The Separation of Powers in the UK

The UK does not have a strict separation because its constitution is parliamentary, not presidential. Instead, it operates a fusion of powers between the legislature and the executive.

Overlap between Legislature and Executive:

The government is drawn from Parliament; ministers are usually MPs or peers.
The executive controls most of the legislative agenda.
The Prime Minister sits in the House of Commons.

Separation between Judiciary and the Other Branches:

The judiciary is largely independent and cannot sit in Parliament.
Judges cannot be dismissed except for misconduct.
The Constitutional Reform Act 2005 strengthened this separation by:
- Creating the Supreme Court, separating the judicial function from the House of Lords.
- Establishing the Judicial Appointments Commission (JAC) for transparent, merit-based appointments.
- Redefining the role of the Lord Chancellor, removing their judicial function.

Checks and Balances

Although the powers overlap, each branch can limit the others to prevent abuse:

Parliament scrutinises the government through committees and questions.
The executive can dissolve Parliament (subject to statutory limits) and influence legislation.
The judiciary can review government actions for legality through judicial review (e.g. R (Miller) v Prime Minister [2019], prorogation case).

These checks ensure accountability within the flexible UK model.

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