This document discusses the principle of separation of powers in the UK constitution. It notes that while the principle is fully expressed in the US constitution, it is only used as a guide in the UK. The document traces the origins of separation of powers back to Aristotle and was later developed by Montesquieu. It then describes how powers are separated in the UK between the executive, legislative, and judiciary branches, but also notes some overlap and anomalies. Specifically, it outlines the roles of each branch and their relationships with each other, noting both independence and areas of control.

1. WELCOME
TO ALL

2. S M RUBEL RANA
LL.B 14001000005
Submission date:03-08-2015

3. Separation of Power
 The constitutional principle that limits the
powers vested in any person or institution.
This principle is expressed fully in US
constitution, but used only as a guide in the
UK.

4.  Origin of the theory Separation of power :
 This is an ancient principle of the UK Constitution
 Greek Philosopher Aristotle first discus about
this principle. He divided the state powers
among three divisions such as:
 1. Deliberative (Executive)(Law making
authority)
 2. Magisterial (Legislative)(Enforcing authority)
 3. Judiciary(Law implementing authority)

5. Separation of Power
 Montesquieu, published Spirit of Laws in
1748, stated the idea of Separation of Power.
 When the legislative powers are united in the
same person or in the same body of
magistrates there can be no liberty , there is
no liberty if the powers of judging is not
separated from the legislative and executive,
there would be an end to everything, if the
same man or the same body were to exercise
those three powers.

6. Political Theory
 The doctrine of separation of powers is not a legal principle; it is
a political theory.
 Separation of power has further been explained by professor
Wade who says that the concept of separation power means at
least three different things:
 That the same person should not form part of more than one of
the three organs of government.
 For example,
 a) that ministers should not sit in parliament.
 b)That one organ of government should not control or interfere
with the work the of another.
 For example, that the judiciary should be independent of the
executive; and
 c)That one organ of function of government should not have
legislative functions.( ministrative Law 4th end,P.105)

7. Constitution of UK

8. The Executive
 The executive may be defined as that branch
of the state, which formulates policy and is
responsible for its execution. In formal terms,
the sovereign is the Head of the executive.
The Prime Minister, Cabinet and other
ministers, for the most part, are elected
Members of Parliament. In addition, the Civil
Service local authorities, police and armed
forces, constitute the executive in practical
sense.

9. The Legislative
 The Queen in Parliament is the sovereign law
making body within the United Kingdom.
Formally expressed, parliament comprises
the Queen, the House of Commons and he
House of Lords. All Bills must pass by each
House and receive the royal assent.
 Parliament can legislate on any subject
matter
 Parliament member makes the law

10. The Judiciary
 The judiciary is that branch of the state which
adjudicate upon conflicts between state institutions,
between state and individual, and between
individuals.The judiciary is independent of both
parliament and the executive. It is the feature of
judicial independence.
 There is a partial separation: whilst the legislature
and the executive are fused and have overlapping
functions and personnel, the courts are more or less
separate.Yet there are some anomalies, the most
significant of which concern the role of Lord
Chancellor and the Attorney General and the
position of the Law Lords.

11. Executive and Judiciary
 judges owe their appointment to the
executive.The Sovereign appoints them on
the advise of the Prime Minister.
 security of tenure of judge as against the
executive has not really been an issue since
the Act of settlement was passed in 1700.
 the judiciary checks the executive by
reviewing its action, to decide whether they
are lawful or not.

12. Legislative and Judiciary
 The departure of the judiciary from the House of Lords has
led to greater tension between the government,
Parliament and the courts, as the senior judges are no
longer able to amend and speak on Bills and Peers are no
longer able to question the judges and thereby hold them
to account.
 The legislature retains the right to impeach members of the
judiciary by agreement of both houses, but this has only
happened once in three hundred years.There are
restrictions on the criticism of judges in parliament. Courts
are bound to interpret Acts of Parliament, even
retrospectively, and legislative supremacy dictates that
they cannot declare properly enacted law invalid.They are
not bound by other resolutions of either house.

13. Legislative and Executive
 by law the meeting of parliament is depended on
the will of Sovereign it and dissolves it.
 when parliament is in session and a government
has been formed ,parliament .
 while the House of Commons retains control
over the executive ,the paradox is that there
another sense in which the executive often
appears conversely to control the whole House
of Commons.

14. Separation of power Picture

15. Conclusion
 The above discussion makes it clear that
strictly speaking there is no absolute
separation of power in British
Constitutionalism.
 However, this is not to show that the
separation of power doctrine has been
without effect.

16. Thanks to all