The Relationship Between the Three Branches of Government

1502 Words4 Pages
bulb-icon

Recommended: Account for the main function of parliament

Discuss, considering in particular Bogdanor’s argument that the separation of powers has been strengthened within the British Constitution in recent years. This essay aims to look at the Separation of Powers in the UK Constitution. The relationship between the three categories of public power-legislative, executive and the judicial. The overlaps that are present with the individuals operating in the various organs and their functions in the institutions. Reasons why the separation of powers is an important factor in the UK Constitution. Finally, the significance of changes made to the doctrine over the years. The legislature is made up of the House of Lords and the House of Commons. The legislative role involves; making laws and general rules that govern the powers of public authorities that maintain the structure and conduct of the ordinary citizen as well as private institutions. The Queen holds primary authority in parliament, however parliament does not directly make new legislation that is passed by executive bodies which receive their power from parliament. The executive carries out the general policy determined by cabinet. The public authorities role is to implement the law constructed by the legislative body, support social and economic welfare , maintain order and provide security, conducting public services for example; health, electricity. The judicial has the power to administer the law by settling disputed questions of fact and law while observing the law made by parliament and interpreting it court. This function is executed by professional independent judges whose roles are exercised in criminal and civil courts. Critiques argue whether or not a strict separation should be present in each of the above stated functi... ... middle of paper ... ...the 95 inbuilt votes of parliament. Fewer members of parliament will take up government posts and remain in the cabinet or Houses. Balanced and accountable separation supports the perception of the majority in the legislative body acting independently of the executive. The traditional Prime Minister whose powers of patronage include; control over government structure, chairing of cabinet meetings and being the public face of government creating media attention and expectation of his somewhat presidential control over ‘his’ government. Therefore playing the dictator that dominated the executive and legislature. Works Cited 1 Locke, Two treaties of Government (ed. Laslett), ch XII para 143 2 Montesquieu, The spirit of the Laws (ed. Cohler, Miller and Stone), book XI, ch 6. 3 Bogdanor: Devolution in the United Kingdom (Oxford; Oxford University Press 1999)

Show More
Related

  • Tyranny Dbq Essay

    705 Words  | 2 Pages

    [Separation of powers is where the government divides power between 3 branches of government so no one branch becomes too power.][ Document B was written by James Madison in His federalist paper 47.] According to James Madison in document B “Liberty requires that the three departments of power should be separate and distinct this means that each branch should have its own unique and separate jobs.” This quote clearly explains that each branch should have there own separate and distinct jobs so no one branch becomes too powerful.*This quote guard against tyranny because the quote is saying the branches will all have their own powers but can control all the others

    Read More

  • Power of the Branches

    1126 Words  | 3 Pages

    Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.

    Read More

  • Explain How The Constitution Guarded Against Tyranny

    633 Words  | 2 Pages

    Separation of Powers helped stop tyranny by making sure everyone has their own power and it should be separate and distinct. “ The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of

    Read More

  • Montesquieu's Idea Of The Separation Of Power

    659 Words  | 2 Pages

    As a whole, the separation of powers remains to be a vital part in our government system today. As society has grown and developed throughout the years, the government system has grown with it and adjusted to today’s issues and problems. The government, while it serves as a superior leader for our country, remains to be a service to the people, and has creates a voice for all people to have. It allows everyone to be acknowledged and equal, no matter the

    Read More

  • Separation of Powers in the Constitution

    887 Words  | 2 Pages

    The Separation of Powers was simply created to establish a system of checks and balances so that no one particular division of the government could solely control all of our nations business. This makes is so the President does not have dictatorial control. Congress has a form of checked power so they cannot make unfair laws. The Judicial Branch is then not allowed to exceed the power that is given to them by law. It’s a system “Of the people, by the people, and for the people” allowing us as the people to be the unmentioned fourth branch of the government. Since we as a people elect our representatives, that allows us to change our form of government and provide the best checks and balances we can to our government and its processes. We have the uncanny ability to address issues to three separate branches of our government, ensuring that our freedoms will continue to survive because the real power remains in the hands of the governed. Our framers understood there needed to be a way for the people to be in control of our country which is the Separation of Powers.

    Read More

  • Constitution Guard Against Tyranny Dbq Analysis

    548 Words  | 2 Pages

    The separation of powers separates the central government into three branches. The three branches are the executive branch, the judicial branch, and the legislative branch. All of the different branches have power over specific things. This guards against tyranny because it doesn’t allow any of the branches to do whatever they want. In Doc B, it says that the great departments of power should be separate and distinct. This helps because if they all had the same power, they would have control over anything they wanted to.

    Read More

  • Constitutional Politics

    1474 Words  | 3 Pages

    Separation of powers is “the doctrine that political power and governmental functions should be divided among several bodies or branches of government as a precaution against tyranny” (Landy and Milkis, Glossary - 10). Political power and governmental functions in America are divided amongst three distinct bodies, the legislative, executive, and judicial branches of the government. This separation of powers goes hand in hand with the concept of checks and balances, “a governmental structure that gives different branches or levels of government some degree of oversight and control over the actions of the others so that no government institution exercises a monopoly of power” (Glossary - 2). By a system of checks and ba...

    Read More

  • Separation of Powers: A Pillar for Democratic Governance

    1262 Words  | 3 Pages

    The stricter and more literal approach to separation of powers and Montesquieu as adopted by presidential systems such as the US for example, may confer its own benefits such as increased security and greater guarantee against tyrannical or arbitrary power. However, the efficiency, speed in deliberation, and an overall more wholesome and united government, all while in retaining its democratic principles, makes it so that it does not warrant grand constitutional reforms for the purpose of further distinguishing between powers. Though that is not to dismiss entirely the notion of a separation of powers existing within the UK constitution, but simply that it is more appropriate to address it as its variant, that focuses less on prioritising safeguards to hypotheticals, and instead to the cohesion, ‘blending’, or ‘fusion of powers’, which promotes efficient

    Read More

  • The Pros And Cons Of The Royal Prerogative Powers

    1796 Words  | 4 Pages

    The RP helps to keep our powers separated which avoiding the judicial tyranny. After the formation of the two houses of parliament, which called the legislature, the creation of our statutes prevail to the RP. In the case of De Kayser, RP and statute found to co-exist and statute prevails, for the reason that the representatives in the House of Commons are elected from the public in order to create statute to help the development of the country. Moreover, the constitutional conventions are also part of our unwritten constitution and have conflict to the royal prerogative. Some of the RP powers are included to the conventions such as the automatic granting of royal assent, which the Queen should sign after the convention. Finally, the fire brigades union case mentioned that the executive cannot exercise the prerogative in a way which would derogate from the due fulfilment of statutory duty. The data indicates that the current prime minister, has power to overrule the UK’s parliament recent vote of a military intervention in Syria by using the RP which bypass any common decision of acts of war. Generally, powers such as the parliamentary immunity and prerogative powers, destroy the equality and justice of the society, by giving permission, to avoid the soft process of the legitimate society and finally breaking the rule of law. Supporting this argument, a member of parliament, Jack Straw strongly

    Read More

  • The Australian Legal System

    1294 Words  | 3 Pages

    ... a very strong separation between Executive and Legislature, and the Judiciary – Members of Parliament and Government ministers cannot sit in the Judiciary and interpret the law. There is not, however, such a strict separation between the Executive and the Legislature, as the Executive sits in Parliament as well.

    Read More

  • The Three Branches of Government

    1075 Words  | 3 Pages

    Overall the legislative duties and responsibilities consist of declaring war, raise and support armies; provide and maintain a navy; regulate commerce; borrow and coin money; establish and collect t...

    Read More

  • Judges Must Make Law

    2340 Words  | 5 Pages

    This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group.... ... middle of paper ... ... Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems, (4th edn, Sweet & Maxwell 2010).

    Read More

  • Understanding the Functionality of the Three Branches of U.S. Government

    1099 Words  | 3 Pages

    In 1787 the leaders of the states came together to establish a constitutional set of guidelines (laws), to ensure a more structured uniformed way of protecting the American people against total governmental control, and protecting the citizens rights. The constitution ensured that the branches would be serperated to detour from total control of one branch of government, Each branch of government has its own duties and responsibilities other than working along side the other branches. Below identifies the three branches of government as well as their responsibilities and process of being elected as a member.

    Read More

  • The Importance Of The Separation Of Powers

    500 Words  | 1 Pages

    One of the biggest threats to a thriving country is a tyrannical government. To prevent this, the Founders declared that the power of the government must be separated. This principle, the Separation of Powers, states that, to prevent tyranny, one governmental branch cannot have supremacy over the country. The power must be divided among three branches. These are the executive, judicial, and legislative branches. The Separation of Powers is of equal importance now as when the Constitution was written because it prevents tyranny.

    Read More

  • Constitutional Monarchy and Malaysia

    2562 Words  | 6 Pages

    It has been observed that most constitutional monarchies have a parliamentary system in which the monarch may have ceremonial duties or reserve powers according to the constitution. In the United Kingdom, the rights and duties of the head of state are established by conventions. These are non-statutory rules which are just as binding as formal constitutional rules. The monarch’s reserve powers include the power to grant pardons, bestow honours, appoint and dismiss a prime minister, refusal to dissolve parliament, and refusal or delay royal assent to legislation. Strict constitutional conventions govern the usage of reserve powers. If these powers are used in contravention of tradition, it will generally provoke a constitutional crisis.

    Read More

More about The Relationship Between the Three Branches of Government

Open Document