ABSTRACT

The separation of powers has been a central concept in modern constitutionalism. John Locke is sometimes regarded as the founder of the theory of separation of powers in English political thought. One purpose of this chapter is to explore the extent to which the modern United Kingdom constitution observes the separation of powers, or at least some aspects of this complex doctrine or set of principles. This constituted the second argument for the separation of powers. The efficiency argument has usually played a minor role in the application of separation of powers theory, but it may have been influential in some respects. Naturally it is said that in many ways the United Kingdom does not respect the separation of powers principle or that it does so only weakly. The separation of powers principle may also be relevant to constitutional disputes or litigation, even where there is no immediate or direct impact on the rights and Uberties of individuals.