The Separation of Powers

Paper Summary:

The paper discusses the doctrine of separation of powers that requires that each branch of the government not encroach on the domain of the other. The paper compares the British Constitution to the American Constitution. The paper then looks at the establishment of the Gun Courts in Jamaica and the Home Secretary's decision to enforce a greater sentence on the young murderers of James Bulger and explains how these rulings were inconsistent with the separation of powers. The paper shows how when the public outcry is at its height, decisions are taken that override the separation of powers and place the rights of the individual at risk.

From the Paper:

"The British system has both the judiciary and the legislature creating the law, it is equally difficult to see the separation of power. Starting from the Lord Diplock's statement on separation powers and its firm root in the history of the British constitution, the history of its evolution begins in the mid 5th century. (Knappen p. 3) The study of the development of the constitution is as much a study of the history of the British Isles as it is a legal review. The British constitution is a reflection of the history of the British people. There have been many attempts to have a constitutional convention and produce a single written document, but the constitution is in essence rewritten every time Parliament passes a new piece of legislation. The sovereignty of Parliament has always remained paramount in the establishment of a separation of powers."

Sample of Sources Used:

• Black, Henry Campbell. Black's Law Dictionary. St. Paul: West Publishing Company, 1979.
• Dicey, V. C. (1914). An Introduction to the Study of the Law of the Constitution. from www.constitution.org accessed January 10, 2007 <http://www.constitution.org/cmt/avd/law_con.htm>
• Regina v Secretary of State for the Home Department ex parte Venables and Thompson (1997) 3 WLR 23 from http://www.parliament.uk accessed January 10, 2007 <http://www.publications.parliament.uk/pa/ld199798/ldjudgmt /jd970612/vandt01.htm>
• Rowe, David P. (1998). Trial by Jury - Right or Privilege. from www.constitution-and-rights.com accessed January 10, 2007 <www.constitution-and- rights.com/support-files/trial-by- jury-1.pdf>
• Knappen, M. M. Constitutional and Legal History of England. New York: Harcourt, Brace and Company, 1942.

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