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Your assignment is to prepare and submit a paper on the absolute separation of powers is not practical neither achievable. there is always going to be some degree of overlap. evaluate the above in con
Your assignment is to prepare and submit a paper on the absolute separation of powers is not practical neither achievable. there is always going to be some degree of overlap. evaluate the above in connection with the uk constitution. In essence, the government is unified by many branches and the absolute division of powers is not achievable. If the various branches of the government were to be completely separated from other branches in terms of their functions, it would result in backlog and inefficiencies in all the branches. Additionally, it has been argued that the complete demarcation of powers will yield total confusion resulting from the general inefficiencies created by such a system (Haljan 2013).
With regards to the UK constitution, a complete separation of powers, where there is no overlap is non-existent. A closer examination of the three arms of government and their functions, reveals that they are exercised by bodies and or persons who use more than one function of their individual branch. According to the UK constitution, there is a big overlap between the Executive, Judiciary and Legislative arms of government (Leeuwen 2010).
The UK Constitution requires that the Prime Minister and his cabinet ministers be members of both the Legislature and Executive arms of government. Indeed, there is a close bond between the Judiciary and Executive arms. The cabinet ministers and the PM are members of Parliament and are also counted as constituting the members in the House of Commons. However, the House of Commons Disqualification Act of 1975, limits the number of cabinet ministers who can sit and vote in the House of Commons to 95. Government ministers also determine appeals in disputes resulting from town planning legislation. This means that their functions encompasses not only the executive arm of government, but also the judiciary.
There are very many examples of the overlap between the functions of the three arms of government. One of those positions that gives credence to the notion of overlap, is that of the Lord Chancellor.
