Introduction
Throughout
human history, different concepts and methods of separation of powers have been
evolved and practiced. Almost seven centuries ago, struggle for powers between
British Monarch and landowners, religious leaders and the commons paved a way
for Separation of Powers in Great Britain. In fact, this struggle initially
started against arbitrary powers of British Monarch and finally resulted into
separation of powers.
Doctrine of Separation of Powers
Doctrine
of separation of powers provides a model for governance of state. Its main
objective is to prevent absolute powers. Followings are main features of this
doctrine:
(i)
Division of Government Institutions
Doctrine
of separation of powers divides institutions of government into three branches,
and these branches are legislature, executive and judiciary.
(ii)
Functions and Powers of Government Institutions
Under
doctrine of separation of powers, separate functions and powers are assigned to
legislature, executive and judiciary, and the functions and powers are
followings:
(a)
Functions and Powers of Legislature
Main
function and power of legislature is to make laws.
(b)
Functions and Powers of Executives
Executive
is to execute business of government by putting law into operation.
(c) Functions and Powers of Judiciary
Prominent
function and power of judiciary is to interpret laws and dispense justice
according to laws.
(iii)
Independency of Government Institutions
Out
of government institutions, each is independent of others. Therefore, each of
them exercises its powers and performs its functions independently.
(iv)
Check and Balance
There
exists great association between doctrine of separation of powers and doctrine
of checks and balance. According to doctrine of checks and balance, each branch
of government provides checks and balance over other branches by keeping itself
within its constitutional limits.
(v)
Prevention of Absolute Powers
Under
doctrine of separation of powers, no single branch of government possesses
absolute powers. In this way, this doctrine has prevented absolute powers.
(vi)
Maintenance of Rule of Law and Individual Rights
Through
division of powers among three branches of government, Rule of Law is maintained and individual rights are protected. Due to
separation of powers and checks and balances, no branch of government goes
beyond law. In this way, o one, whether the/she is government official or
citizen, is allowed to damage individual rights by misusing powers.
Separation of Powers in Great Britain
It
will not be wrong to mention that basic principles of separation of powers not
specifically present in British political system. Following reasons can explain
reality of such opinion:
(i)
Non Demarcation of Powers Legislature, Executive and Judiciary
An
important flaw in British Constitution is that it has not provided any
demarcation among powers of legislature, executive and judiciary. Due to this
flaw, it is criticized that British Constitution is not convenient for separation
of powers in Great Britain.
(ii)
Problem of Membership
Problem
with British political setup is that members of legislature are also members of
executive. For instance, British Crown, British Prime Minister,
Lord Chancellor and Cabinet Ministers are members of both the legislature as
well executive. Being members of two government institutions, they often
influence both the institutions, and such influence is not in accordance to
doctrine of separation of powers.
(iii)
Supremacy of Executive Over legislature
British
parliamentary system of government is a hurdle for separation of powers in
Great Britain. For example, British Prime Minster and his/her ministers are not
only members of parliament, but are also members of executive. Being members of
executive, they often influence parliament, and such influence is not
accordance to doctrine of separation of powers.
Conclusion
To
conclude, it can be stated that Great Britain has experienced a long history
for separation of powers. Although British Constitution has failed to provide
ideal circumstances for separation of powers, yet some constitutional changes
have been recently made regarding separation of powers. Establishment of
British supreme Court is on of these changes.
Image
credit: www.peo.gov.au
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