Chapter 4 Key facts checklists

Chapter 4 Key facts checklists

The separation of powers

• There are three functions of government, namely, the legislative function, the executive function, and the judicial function.

• There are three corresponding organs of government, namely, the legislature, the executive, and the judiciary.

• In its present form, ‘separation of powers’ was first formulated by Montesquieu, and was partly based on the writings of John Locke.

• The same persons should not form part of more than one of the three organs of government.

• Each organ of government should act as a check against the other and should be able to do this independently without any undue threat of preventative control or interference.

• The separation of powers is mentioned in the opinions of judges in decided cases and is supported by statutes like the Constitutional Reform Act 2005.

• A detailed analysis of the structure of and interrelationship between the functions and organs of the UK Government reveals that the ‘British Constitution’ departs from the principle of ‘separation of powers’ in many vital respects especially at the higher levels.

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