Wolfsden

Separation of Powers

            According to Nick Barber, “The diversity of visions of separation of powers is to be welcomed; they reflect different local requirements”. ‘Prelude to the separation of powers’.  The quote entails that separation of power entails that the major institutions of state ought to be functionally independent and that no person ought to have powers that span the offices of legislature and judiciary. The perception by “Nick Barber” on the UK’s Separation of Power is an accurate reflection of how the separation of powers operates within the UK’s constitution[1]. It is apparent that there is no absolute doctrine of separation of powers in the UK Constitution as there are overlaps that exist in terms of functions of the organs of the state and the personnel working within them.

             Nick perception is appropriate as the UK depends on a system of checks and balances as a way of evading against abuse of power[2]. It is where the government powers are exercised by legislative, executive and judicial within their own limitations and at the same time they check each other. Monarchy utilized in the UK influences over the government, but because of the visions of separation of powers as per the perception by Nick is that it acts as a symbolic for government because of its nature of being sovereign. It is apparent that one individual should not perform his or her duties in three organs of the government at the same time.

             Furthermore, each organ should not interfere with the other organ, to ascertain that positive results are attained. The three branches of the UK government are the legislature, executive and judiciary. The objective of the legislature, which is the parliament, is pass legislation whereas that executive which is the government takes part in making policy decisions and enacts legislation of the legislature. The executive function technique ranges from the formation of broad policies to the detailed administration of daily routine services[3].

            Lastly, there is the judiciary, which consists of courts, and it interprets and rules upon legal challenges. The judiciary consists of all judges in the court of law who often presides in the civil and criminal courts. From the above-mentioned three organs, they must interact with each other to run the country effectively even if constitution is written for certain needs to be followed to govern the country well. In cases where the organs conflict with each other, the country ends up destroyed. It is true as visible overlaps found in the legislature, judiciary and the executive with the inclusion of checks and balances[4]

            The diversity of visions of separation of powers welcomed as they reflect different local requirements of reducing the risks of power abused in the UK. The implication here is that too much power by one individual may lead to abuse of office by the person in question. Therefore, mutually reinforcing democracy and permitting dissimilar functions to be assigned to those in need is essential. The UK contents of the separation of power reflect on what Nick enumerated as he entails that no organ should have power over the other and no one can be a member of more than one organ. The approach put into practice as a way of ascertaining that there are some overlaps, which are essential for UK separation of power entities[5].

            When it comes to the separation of powers, there is the introduction of the Supreme Court and there is an increased transparency in judicial selection. Despite the fact that there is the separation of powers in the UK, it is not strict. The reason is because every constitutional system that purports to be associated on a separation of power often offers, deliberately, a system of checks and balances under which each organ impinges upon another and vice versa. The presence of a strict separation of powers would entail that the system of the government would be unmovable. Furthermore, the absence of cooperation between organs would lead to constitutional deadlock. Introduction of the separation of powers has played a huge role in the UK government system as instance of overlap consisted of Lord Chancellor[6].

            The objective of Lord Chancellor was head of the judiciary; act as a speaker in the House of Lords and a senior cabinet minister. The changes made in the UK on the role of the Lord Chancellor portray that there is a strong relevance placed upon the doctrine of separation of powers. The changes made illustrate that there is a separation of independence in terms of entities, fulfilling leadership traits and examination of each organ. The insinuation here is that Nick Barber’s perception correlates with the separation of powers operated within the United Kingdom. It entails that Barber has a very distinctive nature of a philosopher; hence, the rationale for having a similar thinking on what is taking part in the UK.

            To sum up: it is apparent that the United Kingdom government system entails three branches of leadership. The separation of power in the United Kingdom is further separated, but not strict, to ascertain that there is flexibility in their leadership aspects. The above paragraphs entail that there is the legislature, executive and judiciary. The legislature, which is the parliament, is pass legislation whereas that executive which is the government takes part in making policy decisions and enacts legislation of the legislature. The executive function technique ranges from the formation of broad policies to the detailed administration of daily routine services. The judiciary, which consists of courts, and it interprets and rules upon legal challenges. The judiciary consists of all judges in the court of law who often presides in the civil and criminal courts[7].

            Nick Barber thoughts on the UK separation of power is an accurate reflection of how the separation powers operates within the UK constitution as no organ should have power over the other and no one can be a member of more than one organ[8]. Additionally, the changes made in the UK on the role of the Lord Chancellor portray that there is a strong relevance placed upon the doctrine of separation of powers. Therefore, Nick is a philosopher who has to be offered credit on his perception and the manner in which the UK separation of power has been portrayed to its people and the society as a whole. It is true as powers put into practice are not strict, but no party is entitled to interfere with the other organ. Therefore, the approach by the UK government makes clear on how each organ should play their role and how they can assist each other to offer the best services to their citizens.

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