“””It is one of the great ironies of constitutional law that Montesquieus theory is in fact based on a misunderstanding of the UKs constitution. while recent reforms have secured the structural independence of the judiciary, there is a considerable overlap of both personnel and function between Parliament and Government The UKs constitution exhibits a fusion, not a separation of powers.”” (Nick Howard, Beginning Constitutional Law, Routledge, 1st Edition, 2013) With reference to both: (i) the relationships between the three institutions (or powers) and (ii) relevant case law; Evaluate the accuracy of Howards comment. LLB CONSTITUTIONAL LAW, Constitutional Law and Human Rights, BPP University.”

Separation of Powers

In the UK the Separation of Powers is a doctrine political, which it puts forward as a preparation of what it has to be done in order to make it right. In United States, the doctrine is more freely outward. The UK Constitution is an unwritten and it has been developed the way it has over many centuries, mostly by chance with little deliberate input.

The Relationship between the Three Powers

The definition of Separation of Power is ‘When the legislative and executive powers are united in the same person or the same body … there can be no liberty. Again there is no liberty if the power of judging is not separated from the legislative and the executive.’

Montesquieu, L, Esprit des Lois (The Spirit of the Laws), 1748

The constitution of the United Kingdom is divided into the three divisions, the legislature, the Executive and the Judiciary , following the…(short extract)