7. Separation of powers

2021 ◽  
pp. 146-165
Author(s):  
Anne Dennett
Keyword(s):  
Separation Of Powers ◽  
Constitutional Reform ◽  
The Other ◽  
Degree Of Separation ◽  
The Uk

This chapter looks at the separation of powers. The separation of powers is a doctrine requiring that executive, legislative, and judicial powers within a state should be clearly divided and allocated to separate institutions; the aim is to prevent the concentration of power in any one branch and reduce the potential for arbitrary or oppressive exercise of power. Although the degree of separation between the three branches varies between states, codified constitutions will regulate those spheres of power by allocating specific roles and functions to each branch and will allow checks or controls to operate between them to ensure accountability. The separation of powers in the UK is weakest between the legislative and executive, and strongest and most distinct between the judiciary and the other two branches. Indeed, the Constitutional Reform Act 2005 has brought stronger separation between the judiciary and the executive, making the judiciary more autonomous.

6. Separation of Powers

2019 ◽  
pp. 124-142
Author(s):  
Anne Dennett
Keyword(s):  
Separation Of Powers ◽  
Constitutional Reform ◽  
The Other ◽  
Degree Of Separation ◽  
The Uk

This chapter looks at the separation of powers. The separation of powers is a doctrine requiring that executive, legislative, and judicial powers within a state should be clearly divided and allocated to separate institutions; the aim is to prevent the concentration of power in any one branch and reduce the potential for arbitrary or oppressive exercise of power. Although the degree of separation between the three branches varies between states, codified constitutions will regulate those spheres of power by allocating specific roles and functions to each branch and will allow checks or controls to operate between them to ensure accountability. The separation of powers in the UK is weakest between the legislative and executive, and strongest and most distinct between the judiciary and the other two branches. Indeed, the Constitutional Reform Act 2005 has brought stronger separation between the judiciary and the executive, making the judiciary more autonomous.

Modernising the constitution: completing the unfinished business

Legal Studies ◽  
2004 ◽  
Vol 24 (1-2) ◽  
pp. 119-133 ◽  
Author(s):  
K E Malleson
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
Constitutional Reform ◽  
The Other ◽  
Constitutional Change ◽  
Unfinished Business ◽  
Judicial Appointments ◽  
The Uk ◽  
Lord Chancellor ◽  
The Relationship

Constitutional reform in the UK is usually pragmatic and piecemeal. Occasionally, however, comprehensive changes are proposed which are primarily driven by principle. The current proposals for constitutional change are a rare example of this type of reform. The abolition of the office of Lord Chancellor, the creation of a new Supreme Court and a Judicial Appointments Commission make up a package of measures intended to ‘redraw the relationship between the judiciary and the other branches of government’ and put it on a ‘modern footing’ by introducing a much clearer separation of powers between them.

2. Separation of powers

2020 ◽  
pp. 18-35
Author(s):  
Neil Parpworth
Keyword(s):  
Political Theory ◽  
Separation Of Powers ◽  
Constitutional Reform ◽  
Differences Of Opinion ◽  
The Uk

This chapter discusses the origins and meaning of the separation of powers doctrine. It highlights the contribution of French nobleman and parliamentary magistrate Charles Louis de Secondat, otherwise known as Baron de Montesquieu, to political theory: L’Esprit des Lois (The Spirit of the Laws). The chapter also addresses the question of whether there is a separation of powers in the UK constitution. Differences of opinion between academics and judges as to the importance of the separation of powers doctrine to an understanding of the UK constitution are reviewed. Examples of overlap between the three functions of government are presented, and the key reforms made by the Constitutional Reform Act 2005 are discussed.

scholarly journals El gobierno del poder judicial y la separación de poderes en la nueva constitución británica = Government of the judiciary and separation of powers in the new U.K. Constitution

2014 ◽  
pp. 447
Author(s):  
David Giménez Gluck
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Reform ◽  
The Other ◽  
Executive Power ◽  
Judicial Appointments ◽  
House Of Lords ◽  
Lord Chancellor

Este artículo analiza la reforma constitucional promovida en Gran Bretaña en 2005, que cambia la relación del Poder Judicial con el resto de los poderes, a través de la actualización de instituciones históricas como el Lord Chancellor y la Comisión de Apelación de la Cámara de los Lores, que pasa a ser el Tribunal Supremo de Gran Bretaña, y la sustracción al Poder Ejecutivo de algunas funciones de gobierno del Poder Judicial, como los nombramientos judiciales o el régimen disciplinario, que pasa a compartir con agencias independientes.This article analyses the constitutional reform passed in Britain in 2005, which changes the relations between the judiciary and the other powers of the State, updating historic institutions as Lord Chancellor or the Appellate Committee of The House of Lords -that became the U.K. Supreme Court-, and passing functions, as judicial appointments or judicial discipline, from the Executive Power to independent Agencies.

2. Separation of powers

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Political Theory ◽  
Separation Of Powers ◽  
Constitutional Reform ◽  
Differences Of Opinion ◽  
The Uk

This chapter discusses the origins and meaning of the separation of powers doctrine. It highlights the contribution of French nobleman and parliamentary magistrate Charles Louis de Secondat, otherwise known as Baron de Montesquieu, to political theory: L’Esprit des Lois (The Spirit of the Laws). The chapter also addresses the question of whether there is a separation of powers in the UK constitution. Differences of opinion between academics and judges as to the importance of the separation of powers doctrine to an understanding of the UK constitution are reviewed. Examples of overlap between the three functions of government are presented, and the reforms made by the Constitutional Reform Act 2005 are discussed.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

Brexit and the English Question

2017 ◽  
Author(s):  
Stephen Tierney
Keyword(s):  
Intergovernmental Relations ◽  
Constitutional Reform ◽  
Coherent System ◽  
Inadequate Response ◽  
Asymmetric System ◽  
Recent Introduction ◽  
The Uk

The chapter examines Brexit and the English question, arguing that Brexit should be understood as a result of the ongoing demotic process in England. As Tierney explains, the UK is an asymmetric system. England alone constitutes population-wise almost four-fifths of the UK. This has influenced devolution: while since the 1990s power has transferred outwards towards the devolved nations, England herself has never received equivalent constitutional autonomy, or recognition, within the UK. Proposals for regional devolution within England, transferring powers to nationwide cities, have also failed. the recent introduction within the House of Common of the principle ‘English Votes for English Laws’—allowing only MPs elected in English constituencies to vote on laws concerning England alone, thus overcoming the well-known West Lothian question—is also an inadequate response to ever-increasing nationalistic views. To address this situation post-Brexit, Tierney concludes that constitutional reform is necessary, entrenching a coherent system of intergovernmental relations.

scholarly journals Investigating the Extent to Which Personality Traits and Demographics Affect Job Satisfaction

2016 ◽  
Vol 4 (1) ◽  
pp. 70 ◽  
Author(s):  
Muhammad Sajid Saeed
Keyword(s):  
Job Satisfaction ◽  
Personality Traits ◽  
Negative Relationship ◽  
Demographic Variables ◽  
The Other ◽  
Retail Sector ◽  
Primary Concern ◽  
Different Types ◽  
The Uk ◽  
Ranking Analysis

The primary concern of this paper is to investigatethe extent to which three variables (i.e. personality traits, demographic variables, and job satisfaction) are interrelated with each other and what effect they have on each other in relation to the UK retail sector. The four different types of retail stores i.e. Tesco, Primark, Ikea and WH Smith were selected for survey purpose to minimise the class biasness.Total 300 close-ended questionnaires were distributed and 220 responses were obtained.The findings reveal that ‘Neuroticism’ is negatively associated with job satisfaction as well as with ‘Extraversion’. However, it is positively correlated with other three personality groups including ‘Agreeableness’, ‘Conscientious’, and ‘Openness’. On the other hand, ‘Openness to experience’ has a negative relationship with ‘Agreeableness’.It is also found from the ranking analysis that employees with ‘Agreeableness’ and ‘Conscientiousness’ personalities are more successful in their career and consequently they are more satisfied with their jobs.

Energy Consumption in Leisure Centres – A Comparative Study

1997 ◽  
Vol 8 (3) ◽  
pp. 207-225
Author(s):  
A.J. Griffiths ◽  
P.J. Bowen ◽  
B.J. Brinkworth ◽  
I.R. Morgan ◽  
A Howarth
Keyword(s):  
Energy Efficiency ◽  
Energy Consumption ◽  
Comparative Study ◽  
Energy Cost ◽  
Good Practice ◽  
The Other ◽  
Occupancy Rate ◽  
The Government ◽  
The Uk ◽  
High Band

The Sports and Recreation sector within the UK uses the equivalent of 3 millions tonnes of coal per year to supply the activities demanded by an ever increasing sports conscience society. The government has attempted to stimulate energy efficiency in this sector through the use of good practice guides and case studies. A comparative study was undertaken to analyse the performance of two leisure complexes in the Seven Valley degree day region. One site had double the occupancy rate of the other. It was found that the energy consumption per user was approximately 10 kWh for both sites. However the energy cost per user showed a large difference: for Site A this index was 31p/user compared to 15p/user at Site B. The primary causes of this difference are attributed to variation in energy mix between the two sites, as well as a difference in the price paid for primary fuel. Indices based on floor area of the facilities exhibit similar trends, and furthermore show that both sites were in the high band of energy consumption. This indicated that both sites had the potential to make significant energy-related savings, and a further breakdown of electrical, natural gas and water consumption per site is used to identify these potential savings in a rapidly expanding sector.

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