Separation Of Powers

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“In the UK constitution, how important is a separation of powers to the rule of law ?” The rule of law plays a fundamental role in the separation of the judiciary from the executive within the separation of powers doctrine. Dicey being the authority for the rule of law states that “not only that with us no man is above the law, but that here every man whatever he his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary man”, this quote confirms the separation of powers doctrine and the fact that no one is above the law or ever shall be above the law. Dicey also stated that, “ no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law ……..In this sense the rule of law is contrasted with every system of government based on the exercise by persons in authority of wide, arbitrary, or discretionary powers of constraint.” The rule of law has played a persuasive role in constitutional thinking by restating that no man is above the law or shall ever be above the law. This conception attempts to ensure that law is not secret arbitrary or retrospective, thereby limiting the discretionary power of the government. As judicial review is progressively being used more, the rule of law has played an even larger role. Initially the rule of laws role was limited to ensuring procedural fairness but gradually the rule of law acquired substantive content. In many circumstances the higher courts have repeatedly been called on to assert the sovereignty and procedural fairness of law. Her Majesty’s courts must always be open to all citizens and foreigners alike who are seeking justice. Lord Hope stated that “the rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based. The rule of law is vital to the separation of powers doctrine and

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