There is no absolute separation of powers in this country, in a variety of important ways ideas of the separation of powers have shaped constitutional arrangements and influenced our constitutional thinking, and continue to do so" Discuss.

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"While we must grant that there is no absolute separation of powers in this country, in a variety of important ways ideas of the separation of powers have shaped constitutional arrangements and influenced our constitutional thinking, and continue to do so." Discuss, including consideration of relevant caselaw.

The separation of powers is at the heart of a democratic constitution as it ensures that no one body accumulates too much power as to simply dictate to the people, as Lord Acton said 'Power tends to corrupt and absolute power corrupts absolutely' Although within the UK the separation of powers is not as clear as in other liberal democracies, it does still influence the everyday operations of the executive, legislature and judiciary1. As Barnett argued 'Separation of powers...runs like a thread throughout the constitution of the United Kingdom'2 The principle of the separation of powers assumes that certain functions should be carried out by different institutions and that no one institution should trespass into the territory of another. As Montesquieu argued 'All would be lost if the same man or the same ruling body...were to exercise these three powers'3 This interpretation of the separation of powers has been put into effect in the vast majority of liberal democracies around the world with the likes of the USA and Japan adhering to the orthodox understanding of the separation of powers. However, in the UK, it is clear that there certainly is not a clear separation between the branches of the State4, but rather a fusion, as the executive carries out functions which should be completed by the legislature such as making delegated legislation. The making of procedural rules governing judicial process is an example of law making by the judiciary rather than by the legislature and the fact that the courts obtain their power from the Crown shows that within the UK, there is a clear overlap of functions between the agencies, which should be strictly separated according to the notion of the separation of powers. The concept of the separation of powers assumes that not only the functions of the three branches of the State should be distinct from one another but the personnel of these agencies should also be different and yet in the UK, there is a clear fusion of personnel within the system of government. Members of the executive sit within the legislature as do some members of the judiciary and most intriguing of them all is the position of Lord Chancellor who sits in all three branches.
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The doctrine of the separation of powers supposes that these three bodies should have equal authority and should act as a check and a balance upon the other bodies, which does not seem to be the case in the UK system of government because the executive controls the legislative path in the House of Commons due to them having an overall majority in Parliament and the judiciary does not have the power to strict down Acts of Parliament as unconstitutional. R v Secretary of State for Home Department, ex parte Fire Brigades Union5 illustrates the weakness of Parliament ...

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A very well considered essay, particularly on the 'constitutional arrangements' e.g. the EU. Less on constitutional 'thinking' as demanded by the essay, however. 4 Stars.