In this essay, I will start by discussing what is separation of power and what are some of the quotations on separation of powers. Then I will explain the function of the three organs in constitution, which are legislative, executive and judiciary. Besides, the importance and rationale of separation of powers will be clearly illustrated. There are two types of separation of powers, which will be discussing more detail later. What type of separation of powers did the UK constitution implemented? How does UK constitution prevent the abuse of powers if there is no full separation of Power? Furthermore, I will try to explain the relationship and the overlapping between each organ. Last but not least, I will give a conclusion with my own opinion about the separation of powers in UK constitution.
Separation of power simply mean that "in a nation which liberty as the direct object of its constitution no one person or body of persons ought to be allowed to control the legislative, executive and judicial powers, or any two of term." This considered to three different things, firstly the same persons should not form part of more than one of the three organs of government. Secondly one organ of the government should not control or interfere with the work of another. Lastly that one organ cannot exercise the function of another. The most important aspect of this is the way in which the organs of state act to restrain each other and prevent the other organs from exceeding their power. Baron Montesquieu is the one who expressed the importance of the separation of powers and independence of each organ. "The political doctrine of the separation of powers can also be traced back to Aristotle, who stated: There are three elements in each constitution first, the deliberative, which discusses everything of common importance; second the officials; and third, the judicial element." .
