Answered You can hire a professional tutor to get the answer.
I need some assistance with these assignment. whether or not the constitutional reform act 2005 will bring about a real separation of powers in the uk Thank you in advance for the help!
I need some assistance with these assignment. whether or not the constitutional reform act 2005 will bring about a real separation of powers in the uk Thank you in advance for the help! To address the inefficiencies in the constitutional notion of a separation of powers, the Government implemented the Constitutional Reform Act 20056 (the Act). The Act introduced provisions for modifying the office and functions of the Lord Chancellor in addition to the issue of determining new judicial appointments. It also provided for a Supreme Court of the United Kingdom to replace the current role of Law Lords. These provisions have far-reaching constitutional implications and impact the relationship between the Executive, Legislative and the Judiciary powers in the United Kingdom where the demarcation of the separation of power has traditionally been blurred.
The focus of this analysis is to undertake a critical analysis of how far the Act and the creation of the Supreme Court will go to bring about a real separation of powers in the UK. Montesquieu asserts the necessity for separation of powers as follows7“again, there is no liberty if the power of judging is not separated from the legislative and the executive8”. However, the fusion of the Executive and Legislative has undermined the democratic ideal of separation. Nowhere was this more evident than the fusion between Executive and Legislative, where the Executive is drawn from the Legislative, indeed from the leadership of the majority party in Parliament9.
Furthermore, the Lord Chancellor’s role is symbolic of the UK’s uneasy relationship with any notion of separation of powers. The Lord Chancellor’s role was multifarious, ranging from the minister,10 Law Lord, head of judiciary11 and a member of the House of Lords in its legislative capacity12. Accordingly, “the traditional British disregard for the separation of powers was personified by the Lord Chancellor”.13
Furthermore, the presence and role of Law Lords in the House of Lords questioned the practical applicability of the separation of powers. By virtue of convention, Law Lords hear appeals and the Supreme Court of Judicature Act 1875 confirmed the role of the House of Lords as the highest jurisdictional body for appeal. .
