ABSTRACT
The separation of powers, together with the rule of law and parliamentary sovereignty, runs like a thread throughout the constitution of the United Kingdom. It is a doctrine which is fundamental to the organisation of a state – and to the concept of constitutionalism – in so far as it prescribes the appropriate allocation of powers, and the limits of those powers, to differing institutions. The identification of the three elements of the constitution derives from Aristotle. In The Politics, Aristotle proclaimed that: There are three elements in each constitution in respect of which every serious lawgiver must look for what is advantageous to it. If these are well arranged, the constitution is bound to be well arranged, and the differences in constitutions are bound to correspond to the differences between each of these elements. The judiciary is that branch of the state which adjudicates upon conflicts between state institutions, between state and individual, and between individuals.
