Separation of Powers is derived from the term “trias politica” which was introduced by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, in a layman’s language referred to as Montesquieu, who was a social and political philosophy influencer. His contribution towards the betterment of social and political background is well renowned all over the world and is taken into consideration to set pioneer ground rules for more than just one country. The Declaration of the Rights of Man and the United States Constitution were both inspired by the Spirit of Laws, which is a nationally recognized work in the history of political theory and jurisprudence.

Montesquieu, a French jurist, asserted in 1748 that “there can be no liberty” and that “if the legislative, executive and judicial powers of government were to be exercised by the very same person or authority, everything would come to an end.” The United Kingdom is among the most eccentric nations on earth. It is one of the few states that lacks codified founding documents.   It is plausible to say that there is no formal separation of powers in the United Kingdom because there is no formal written constitution. It is, nonetheless, incorrect to assume that it does not exist. They do exist, albeit in a weakened form due to frequent overlap.

The British doctrine of separation of powers asserts that the legislative, the executive, and the judiciary each have their boundaries within which they should exercise their functions. Monarchy used to have authority over government, but now it serves as a symbol for the government, which is still sovereign. The leading leaders in this theory are John Lock and Charles Montesquieu. The division of powers, in Montesquieu’s perspective, is an idea in which checks and balances work like you chasing after someone in a circle and they chase after you. One individual should not be in command of three government organs at the very same time. Ministers must not have legislative powers, and each organ of administration should not interfere with the other. In regards to this, the powers were separated between three branches as mentioned below.

The Three Branches of the Constitution are divided –

The Executive Branch: The Crown and the government, which includes the Prime Minister and the Cabinet of Ministers constitute the executive power. In addition, the Civil Service is a part of the executive branch of government. The executive is primarily responsible for developing and implementing government policy. Parliament retains the ultimate power to dismiss a government and call a general election to elect a new administration. Members of Parliament who sit in the House of Lords or House of Commons elect the majority of the government.

The Legislative Branch: The Parliament has legislative power in the United Kingdom. The British Parliament is divided into three parts: the Monarch, the House of Lords, and the House of Commons. The monarch, on the other hand, has only nominal powers and is primarily obligated to accept the Prime Minister’s advice, which is followed by the members of MPs. The House of Commons is composed of elected members of Parliament, while the House of Lords is made up of Crown-appointed hereditary and life peers, as well as Churchmen and Priests of the Church of England. It should be emphasized, however, that the House of Commons has more legislative power than the House of Lords. The key responsibilities include making and amending laws, scrutinizing the government, and permitting the government to implement financial decisions.

The Judicial Branch: This branch’s main responsibility is to hear and resolve legal disputes. However, the court in the United Kingdom has another important role to play: it develops the law by its decisions. Judges in courts and those who hold judicial office in tribunals make up the judiciary. The Crown appoints top judicial appointments. According to several sources, the UK judiciary is separate from both the legislature and the executive branch. So, because Senior Judges are appointed by the Crown, it may be argued that this “independence” is not truly genuine. However, once appointed, these judges become entirely self-sufficient and have complete control over their acts. Senior Judges’ independence is safeguarded by the “Act of Settlement – 1700,” which states that they can only be dismissed by an address to the Crown from both Houses of Parliament.

The Lord Chancellor was undoubtedly one of the most unique elements of the United Kingdom. This is mostly owing to the Lord Chancellor’s involvement in all different tiers of government i.e., the Executive, the Legislative, and the Judiciary. The Lord Chancellor is widely perceived as a violation of the separation of powers doctrine. Before the “Constitutional Reform Act 2005,” the Lord Chancellor was the head of the judiciary, a member of the Cabinet, and the Speaker of the House of Lords. The Lord Chancellor was eliminated from his role in the Judiciary after the “Constitutional Reform Act 2005′′ was approved. He also no longer serves as Speaker of the House of Lords. In the future, the Lord Chancellor may serve in either House. The “Constitutional Reform Act 2005” resulted in a clearer distribution of powers in the British government.

The Constitutional Reform Act of 2005 was the catalyst for the practical and legal theory “separation of powers”. The Act’s primary aim was to ensure a firmer separation of powers and people between the legislative (in the form of the House of Lords) and the judiciary (in the form of the Supreme Court). This was accomplished by establishing a Supreme Court in the United Kingdom to replace the House of Lords’ Appellate Committee and eliminate the Lord Chancellor from the judicial process.

Conclusion

It can be dictated from the analysis that the Separation of powers is perhaps one of the most fundamental notions that underpin modern democracy. The Separation of powers is essential because it prevents powers from being exploited and terminates the chances of a dictatorial government. Though no country has a perfect separation of powers, Montesquieu’s interpretation of the principle of separation of powers is unattainable. Even if this were possible, it would result in a constitutional impasse. In a nutshell, I suggest that the proposed scheme would indeed be one in that the three powers intersected and were harmonized, and where they cooperated to create a perfectly functioning democratic system.

Reference –
https://lawteacher.net/free-law-essays/family-law/separation-of-powers-in-the-uk.php
https://en.wikipedia.org/wiki/Separation_of_powers_in_the_United_Kingdom