p. 342. The institutions of government and the separation of powers
- John StantonJohn StantonSenior Lecturer in Law, The City Law School, City, University of London
- and Craig PrescottCraig PrescottLecturer in Law, Bangor University
Abstract
This chapter explores the key institutions—the legislature, the executive, and the judiciary—and considers the relevance of the principle of the separation of powers in respect of the UK Constitution. It begins with a discussion of the functions fulfilled by these institutions, including an examination of their structure and key roles, allowing fuller exploration of the separation of powers doctrine in the UK Constitution. In respect of this, the chapter identifies a common distinction drawn between what is known as the pure and partial separation of powers. One favours total separation, the latter allowing a degree of overlap to the point of ensuring a system of checks and balances. Application of this distinction enables broader exploration of the UK’s application of the separation of powers doctrine.
