The Relationship Between The Three Branches Of Government

1708 words - 7 pages

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 functions. Locke stated “It may be too great a temptation to human frailty apt to grasp at power, for the same persons who have the power of making laws , to have also the power to execute them, whereby they may exempt themselves from obedience to the laws they make, and suit the law both in its making and execution, to their own advantage”1 Separation of powers keeps each institution in check and stops the misuse of discretionary power.

Montesquieu, a French jurist, developed the concept further and intended for the judiciary to function separately from the executive and legislative. This however does not mean that legislature and executive have no influence or control over the acts they make but that the two may not exercise their whole power over the other.2
Both academics illustrate that if one, or a group of people, were in control over more than one organ of the triad model (Legislature, Executive, Judicial) the end result would be corruption and taking advantage of power, dictatorship would rise and the people would face loss of liberty. Although each emphasise the significance of upholding strict separation, however in the UK this is not the case. There exists in its tradition of a fusion rather than separation of...

Find Another Essay On The Relationship Between the Three Branches of Government

THREE BRANCHES US GOVERNMENT Essay

708 words - 3 pages The U.S. government was created in three branches, the executive, the judicial and legislative. The government felt that this division of power would check and balance them. The legislative branch or the law-making body of government is broken up in power between the Senate, and the House of Representatives. The executive branch, headed by the president of the United States takes care of most of the decision-making needed in passing laws, and

Three Branches: The Impact on Law Enforcement

1250 words - 5 pages States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a

The Relationship Between Business and Government

1534 words - 6 pages Stone, 1096, 30-45, 62. http://search.proquest. com.libproxy.edmc.edu/docview/220179270?accountid=34899 Machan,T. (1988). Government regulation of business: The moral arguments. The Freeman,38 (7). Retrieved from http://www.thefreemanonline.org/columns/government-regulation-of -business-the-moral-arguments/ Milkin Institute Global Conference (2009). The new relationship between government and business. Retrieved from http://www.milkeninstitute.org/events/gcprogram.taf?function= detail&EvID=1957&eventid=gc09 National Center for Smart Growth Research and Education. (2008). Retrieved from http://www. indicatorproject.com/preservation2009/index.html

Branches of Government

1142 words - 5 pages ? This certainly becomes a topic for discussion. How are the three branches of the United States government supposed to act? Is the system that our forefathers put in place successful? How was the conflict between supporters of a strong federal government and champions of state's characterized then as opposed to now? And how could things have been designed more efficiently? The answers to these questions are critical to understanding where we are a

Branches of Government

1877 words - 8 pages Compromise. Under the Great Compromise, one house would base its number of lawmakers on population and the other will have the same number of lawmakers from each state (Burgan, 2007, pg. 12). The reason the government was divided into three branches was to implement a democratic government that would serve the citizens and not regulate the people. In other words, they wanted an organization devised of no single individual or assembly that would

Branches of Government

741 words - 3 pages the nation hard to govern if everyone was fighting for power all the time. Checks and balances come into play and are very useful in our government. They allow the branches to check up on each other to prevent each branch from abusing their powers, often as seen as legislative error. For example, the President serves as commander in chief of the military, but Congress has to decide what to do with the assets for the military and can vote to

Branches of Government - 1430 words

1430 words - 6 pages Branches of Government 222 years ago, the United States government was created, thanks to a little document known as the Constitution. Within the Constitution, three branches of government were created; the Executive, Legislative, and Judicial. Each of these branches have checks upon each other and keep the country running like a well-oiled machine. Of the three branches, the first one to be outlined in the Constitution is the Legislative

The Different Branches of Yoga

1153 words - 5 pages The Different Branches of Yoga In ancient times yoga reffered to as a tree, a living thing with roots, a trunk, branches, blossoms, and fruit. Hatha yoga is one of six branches; the others include raja, karma, bhakti, jnana, and tantra yoga. Each branch have its own characteristics and function represents a particular approach to life. Some people may find one particular branch more better than another. However, it is

We the People… Examination of the Relationship between the Government and Governed

3060 words - 13 pages criminological purpose. For the three main matters that come into play of the constitutional background for exigent circumstances are the rights and liberties being infringed upon, the theory of Routine Activities, and the notion of fundamental fairness. The highlight of these factors may reveal the miscommunication between Government and governed. Civil Rights in Comparison to Civil Liberties Losco and Baker identify the two terms with

Relationship of Buddhism with the Tang Government

1134 words - 5 pages ostentatious gifts and donations contributed to the rapid proliferation of Buddhism. Evidently, the mutually benefitting relationship between Buddhism and the state are crucial to each other’s survival during Wu’s sovereignty, but to what extent did her financial support (donations to monasteries) of Buddhism bettered the government overall? The close connection between government and religion is not a new concept to the Tang era as it has been well

Relationship of Buddhism with the Tang Government

2069 words - 8 pages proliferation of Buddhism. Evidently, the mutually benefitting relationship between Buddhism and the state are crucial to each other’s survival during Wu’s sovereignty, but to what extent did her financial support (donations to monasteries) of Buddhism bettered the government overall? The close connection between government and religion is not a new concept to the Tang era as it has been well-established prior to its time and it even survived

Similar Essays

Three Branches Of The United States Government

1542 words - 6 pages The following paper will discuss the branches of the United States government. The paper will include reasons why our forefathers divided the government into the legislative, judicial, and presidential branches; how the branches interact with each other and how the braches are balanced in power. This paper will also discuss the success of the three branches and how conflict arose between supporters of a strong federal government versus

Three Branches Of The Texas Government

1790 words - 7 pages future. Our three Branches of Government in Texas sometimes looks like our National Government and in many situations is structured all together differently. There are many divisions that make up our government and can be very complex. The Constitution has been amended to limit the power of one individual and to make our government’s power distributed between many different areas. We will always see criticisms in each branch of the government and

Three Branches Of The Government Is About Just That, The 3 Branches Of The Us Government

565 words - 2 pages In one form or another order must be maintained. Different countries have different methods of doing this. Some countries have a dictatorship, while others have a monarchy. The United States, however, has a democracy. In a democracy three different types of branches of government present themselves.One branch of the government, the Executive Branch includes the White House and Office of the President, plus offices that work directly with the

Three Branches Of American Government Essay

1898 words - 8 pages Three Branches of American Government The origins of the American government are traced all the way back to the struggle between British colonists and the British monarch. The thirteen colonies were growing rapidly, and had been creating their own political and legal systems. The British monarchy imposed a series of taxes on the colonists, and ignored the colonies argument of taxation required representation. After parliament created a