Separation of Powers
Montesquieu identified three organs of the government which should be functionally independent:

Executive (Crown + Government) - Enforces policy and law.
Legislature (Parliament + Crown) - Creates the law.
Judiciary (Courts) - Interprets and applies the law.

It's suggested that this prevents tyranny and safeguards the liberty of individuals.

Fusion of the executive and legislature in the UK
Walter Bagehot proposes that there is a 'nearly complete fusion of power of the executive and legislative powers'.

Party in power of government hold a majority in parliament.
Prime Minister largely controls the agenda within parliament.
Majority of the ministers of government sit in parliament - although this was limited in number by the House of Commons (Disqualification) Act 1975.
Parliament retains formal power to dismiss executive officers.
Ministerial code establishes accountability of government to parliament.
This integration is said to provide stability and efficiency in the operation of government.
Parliament can delegate law making powers to government - liberates parliaments need to scrutinise small technical details while maintaining safeguard of parliamentary approval.

	Erstellt von dordorftw vor mehr als 10 Jahre

Notiz am Constitutional Law, erstellt von dordorftw am 19/04/2014.

Constitutional Law