Task 2: The Separation of Powers in the UK

Task 2: The Separation of Powers in the UK

Hannah Young

This task links to the Course Assessment Specification (CAS): The executive branch -the distribution of power & the relationship between the executive and other branches of government.

What is the separation of powers?

The doctrine of the separation of powers requires that the principal institutions of state—executive, legislature and judiciary—should be clearly divided in order to safeguard citizens’ liberties and guard against tyranny.

One of the earliest and clearest statements of the separation of powers was given by French social commentator and political thinker Montesquieu in 1748:

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty... there is no liberty if the powers of judging is not separated from the legislative and executive... there would be an end to everything, if the same man or the same body... were to exercise those three powers.

According to a strict interpretation of the separation of powers, none of the three branches may exercise the power of the other, nor should any person be a member of any two of the branches.

By creating separate institutions it is possible to have a system of checks and balances between them. But the United Kingdom does not have a classic separation of powers that, for example applies in the United States.

Answer the following questions and upload your responses to your student folder:

1) What are the three principal branches of state in the UK? (1 mark)

2) For each of the three branches, name the main organisations or bodies considered part of that branch. (3 marks)

3) What is the main role of each of the branches? (3 marks)

4) Draw a diagram to illustrate the powers of state. (1 mark)

5) Why do you think Montesquieu was so concerned about the same person or body exercising more than one of those three powers? (1 mark)

These questions were taken from the UK Supreme Court educational platform.