Separation of powers and its relevant case laws.

Separation of Powers basically is the division of Legislative, Executive and Judicial functions of
governments Among separate and independent Bodies. As a result, no one branch or
institutions the result of this one branch or institution can become that much powerful that is
can control the system completely. The separation of powers is important because it provides a
vital system of check and balances. Firstly, it insures that the different branches control each
other. There will be many errors if one person has all powers of making law.
Under the written constitution the separation of powers is clearly defined while under the UK’s
uncodified constitution we can say that there is a mixed government and a weak separation of
powers. A complete separation of three institutions would not be desirable as it would be legal
and constitutional deadlock. The fundamental purpose of separation of powers is to avoid the
abuse of powers and thereby to protect the rights and the liberties of the citizens.
The concept of Separation of power is arise by Aristotle, and later it was clearly defined by the
famous French writer Charles Montesquieu who states that the three organs of government the
executive, legislative and judiciary each of them should have a separate area of powers and
there should be a clear division of functions between them. There is true separation of powers.

 Legislature the queen in the parliament is the sovereign law making body within the UK.
Parliament comprises of the Queen, HOL, and the HOC. The HOC consists of elected
government while the HOL seats are appointed or inheritent. HOL comprises of the
bishops, arch bishops, peers, Law Lords/Lords of appeal and salaried ministers.
 Judiciary