• 🔒 The Balancing Act: Separation of Powers in the UK

  • Apr 27 2025
  • Length: 13 mins
  • Podcast

🔒 The Balancing Act: Separation of Powers in the UK

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  • Summary

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    We explore the complex reality of separation of powers in the UK, focusing on the overlaps between the legislature, executive, and judiciary that challenge Montesquieu's traditional vision.

    • The judiciary serves as an important check and balance but lacks the power to strike down laws unlike the US Supreme Court
    • UK has a bicameral parliament with the House of Commons (elected MPs) and the House of Lords (appointed members)
    • The Lord Chancellor historically violated separation principles by having roles in all three branches until the Constitutional Reform Act 2005
    • The executive effectively controls the legislature through party discipline in the first-past-the-post system
    • This arrangement has been criticized as an "elective dictatorship" where governments with majorities dominate parliament
    • Ministers can create legally binding statutory instruments through delegated legislation, blurring the line between executive and legislative powers
    • The UK maintains parliamentary sovereignty while allowing for judicial independence


    💡⚖️ Let’s learn the law together—one session at a time!

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