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Question: ‘The CRA 2005 has ensured a more meaningful adherence to the doctrine of the separation of powers.’ Explain and evaluate this statement.
Public Law (62%)- The Separation of Powers and Constitutional Reform Act 2005 (1st year LLB)
Answer: The question challenges whether the Constitutional Reform Act (CRA) significantly upholds the separation of powers (SOP). This essay will seek to give value to the statement by assessing whether there is ‘meaningful adherence’ through the key reforms: the office of the Lord Chancellor (LC), the creation of the UK Supreme Court (UKSC) and the new system of Judicial Appointments. The SOP is a principle that underpins the British constitution, and requires that the principle institutions of state – executive, legislature and judiciary – must be divided to safeguard liberties and guard against tyranny . Originating from Aristotle and Locke – the SOP is utilised in governance in most countries. Developing on Lockes view, Montesquieus view is idealistic, describing it as ‘that of......(short extract)
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Details: - Mark: 62% | Course: Constitutional and Administrative Law | Year: 1st | Words: 2200 | References: Yes | Date written: March, 2017 | Date submitted: March 27, 2017 | Coursework ID: 1010
