Wednesday, September 11, 2019

Have recent reforms increased parliaments ability to hold the Essay

Have recent reforms increased parliaments ability to hold the executive to account - Essay Example ervation of separation of powers is essential as a check on autocratic power, further symbolised in the UK by the role of Parliament as a check on the executive. With regard to the UK position, the doctrine of the separation of powers has traditionally been limited and criticised for being somewhat unclear in comparison to other democracies3. Nevertheless, it has been commented that the doctrine does in fact influence everyday operations of the executive, legislature and judiciary4 and Barnett argues that â€Å"Separation of powers†¦Ã¢â‚¬ ¦ runs like a thread throughout the constitution of the United Kingdom5.† Nevertheless, in the UK there has not been a clear separation of the branches of the state6, but rather a fusion. For example, the executive clearly carries out legislative functions and a prime example is the Law Commission. Although the Law Commission Act 1965 clearly requires the Commission to be â€Å"independent7† in reviewing law reform, its committee members are appointed by the Lord Chancellor who also grants prior approval to projects that the Law Commission will review. Additionally, the judiciary obtain their power from the Crown and there is a distinct overlap of functions between the powers, which should be separated for the effective application of the separation of powers and the efficacy of Parliament as check on the executive8. To address these inefficiencies in the constitutional notion of a separation of powers, the Government undertook what was propounded as the â€Å"biggest constitutional shake up for years9† asserted determination â€Å"to put the relationship between Executive, Legislature and Judiciary on a modern footing, respecting the separation of powers between the three10.† Official debate regarding this pledge culminated in the implementation of the Constitutional Reform Act 2005 (the Act), which was approved by both Houses on March 21, 2005, receiving Royal Assent on 24 March 2005. The Act introduced provisions for modifying

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