1) The theory of separation of powers was first discussed by the Greek philosopher Aristotle, who divided state powers among three branches: legislative, executive, and judicial. 2) Recent UK constitutional statutes like the Constitutional Reform Act of 2005 and Constitutional Reform and Governance Act of 2010 consolidated the separation of powers and transformed systems like judicial appointments. 3) There is debate around whether constitutional statutes are truly entrenched or can be amended, as statutes establishing things like devolution in Ireland and Wales have later been modified.

1. S M RUBEL RANA
LL.B 14001000005

2. 
 Origin of the theory Separation of power :
 This is an ancient principle of the 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)

3. 
 Coding said that, to be at once a legislative and a judge is
to mingle together justice and the prerogative of Marcy
adherer
Recent constitutional statutes:
 Constitutional Reform Act 2005 consolidated separation
of powers, created a Supreme Court for the UK and
transformed the system of judicial appointments
 Constitutional Reform and Governance Act 2010 put
some prerogative powers e.g. the ratification of treaties
and the management of the civil service on a statutory
footing.
Separation of Power

4. 
 There is a debate as to whether such clauses as a
referendum requirement included in an act of Parliament
as a condition for amendment or repeal would be binding
in practice (manner and form argument). There is no
conclusive evidence to support this proposition.
 In other words even constitutional statutes are not
entrenched and can easily be amended or repealed e.g.
Government of Ireland Act 1800 with the division of
Ireland including the Republic as a separate nation,
Government of Wales Act 1998 modified by the
Government of Wales Act 2006.
Further implications

5. 
Constitution of UK

6. 
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.

7. 
The Lord Chancellor is a member of the
executive arm of government. He is a
senior member of the Cabinet. It is
perhaps this feature of the Lord
Chancellor’s office which gives rise o
the greatest concern when evaluated
against doctrine of separation of
powers.
Member of Executive

8. 
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.
The Legislature

9. 
It is the office of the Lord Chancellor
which is most frequently cited as being
violation of the doctrine of separation
of powers. The reasons behind such
claim are the various types of functions
of the Lord Chancellor.
The Lord Chancellor’s office

10. 
 The Lord Chancellor works closely with the Law
Commission of England Wales established by the
Law Commission for investigation.
Law Reform

11. 
 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.
The Judiciary

12. 

13. 