ABSTRACT
A common tactic which many modern national constitutions deploy against the misuse of power is the concept of the separation of powers. In simple terms, the various powers of the state are parcelled out so that they are exercised by different bodies and individuals, thus preventing an unhealthy concentration of power in any one place. One of the self-stated functions of the House of Lords is to keep a check on executive power. The Equality Act 2010, which covers England, Wales and Scotland, imposed a general equality duty on public bodies. The way in which this has been implemented in Scotland reflects both the religious character of the Constitution, and also the way in which this dimension enhances the functioning of separation of powers. The religious dimension of the legal framework enables issues that directly concern a clash between the outworkings of faith and the legitimate exercise of state power to be dealt with sensitively, and therefore, effectively.
