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No Separation Of Powers In The Uk

1698 words - 7 pages

We live in a very diverse society, observance of the rule of law is the best way that can guarantee that our basic human rights are preserved, successful government at home is operating and a fair progress on the international level is maintained. Basic principles of the rule of law go back to Dicey’s theory, which states that there should be an absolute supremacy of regular law, no one should be above the law and that the Constitution is the result of the ordinary law of land. There is no clear meaning of the rule of law; therefore it is essential that the government maintains the basic principles of the rule of law that were established by the philosophers who feared the concentration of power in one’s hands, on order to prevent tyranny. Rule of Law cannot exist without a transparent legal system, the main components of which are a clear set of laws that are freely and easily accessible to all, strong enforcement structures, and an independent judiciary to protect citizens against the arbitrary use of power by the state, individuals or any other organisation. Only if each branch has influence and retraining functions on each other, can the parliamentary machine function properly and give the effect of the rule of law without imposing any tyrannical or arbitrary power by a specific institution, which would infringe the main principles of the rule of law. The issue would arise if there would be very weak separation of powers with a strong concept of parliamentary sovereignty at the same time. The power of judicial review ensures that officials act within the scope of their legal powers and that individuals have an effective way of obtaining remedies if their rights were violated. Although UK is said to have an efficient system of checks and balances, overlaps do occur. The fact that courts have no power to question the validity of the Acts of Parliament, gives Parliament an ultimate authority, effectively making the system of checks and balances more vulnerable. This, therefore, questions the validity of the doctrine of the separation of powers and the extent to which it efficiently protects the main principles of the rule of law.

‘The separation of power is essential both to the maintenance of democracy but also for the legal system, where an independent judiciary is essential if the rule of law is to have any substance.” Historical developments indicate that separation of powers played a crucial role in order for a governmental mechanism to function fairly and carry out the fundamental principles of the rule of law. This is illustrated in the controversial decision in M v Home Office, which indicated that no power by a political official should be abused, and that Home Secretary has to carry out the decision, which the court and judges agreed upon. In order to preserve Dicey’s principles of the rule of law, it is essential that we don’t simply attack the discretionary powers, but find the way to establish legal and political safeguards, by...

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