1st speaker : Earlier assupmtion of Montesquieu regarding seperation of powers and

parliamentary scruitiny of delegation under British Parliament

" the separation of powers should not be explained in terms of a strict distribution of
functions between the three branches of government, but in terms of a network of rules
and principles which ensure that power is not concentrated in the hands of one branch.
Eric Barendt, Separation of powers and constitutional government [1995] PL, Win 599-
619

To understand the separation of powers under the uncodified, largely unwritten British
constitution, it is necessary to look at the rules involving the structure, function and
powers of the organs of State and their interrelationship. It involves examination of any
overlaps in personnel and functions. Where overlap exists, it is important to consider
what factors there are which make the situation acceptable.
The doctrine of Separation of Powers was influenced by Montesquieu, the idea that the
three branches of government are the executive, the legislature and the judiciary, and
there should be a clear segregation of functions between them to avoid tyranny'. For
instance, the judiciary ought to apply, not create, law which would provide a system of
checks and balances between each organ of government. It is apparent that breaches of
this doctrine do occur. Judges can create law by expanding the common law when it
addresses situations that have never previously been encountered .

2nd speaker : Contracdiction of seperation of powers with releavance to the post of the
"Lord Chancellor "

"The most obvious contradiction of the separation of powers is the Lord Chancellor. As head of
judiciary, Speaker for the House-of-Lords, Cabinet minister and a Law Lord, his responsibilities
branched into functions of the executive, judicial and parliamentary. Article-6(1) European
Convention questioned the direct influence which the executive could have over a person who
has been chosen for a temporary period and also that brief tenure may allow the application of
subtle indirect influences over judicial power . , through the Constitution-Reform-Act-2005. The
Secretary-of-State headed a new Department for Constitutional Affairs and will assume many of
the Lord Chancellor's duties. The role of the head of judiciary is now held by the Lord Chief
justice. The new Supreme Court will replace the Appellate Committee of the House-Lords which
will be separate from Parliament; this will guard the infringement of the separation of powers
symbolised by the Lords in Parliament's second chamber. The Lord Chancellor will no longer be a
judge or Speaker, including no involvement of the judicial and legislative functions of the
government or participation in the House of Lords Appellate Committee or the Supreme Court.
The Act, which can be perceived as a guard, allows for a new system for judicial appointments,
which reinforces judicial independence.
3rd speaker : How can we argue that the British Constitution shows remotely any
existence of seperation of powers

"It seems the government would be limited if it were. On the other hand, it could be argued that
some features of government demonstrate its existence, if we do not interpret the doctrine
literally. The House-of-Commons-Disqualification-Act 1975 prohibits certain groups of people
from becoming members of the House of Commons in order to guard the executive
overpowering Parliament. In addition, only 95 government ministers are allowed to sit in the
House of Commons. This growing importance for judicial independence from government is
important for the separation of powers'

4th speaker : How Human Rights Act 1998 adversely have a conspicious impact on the
concept in question and "Declaration of incompatibility and creating contrast with
trends of USA"

"The Human-Rights-Act-1998 has visibly had an impact,-s6(1) states it is unlawful for a

Convention right to be violated by a public authority, signifying transfer in power from the
executive to the judiciary. Not, as some have argued, a shift in power from Parliament to the
judiciary because, the HRA imposes a duty on the judges to interpret legislation as far as
possible'. If this is not an option, the High Court can issue a declaration of incompatibility' but
cannot declare an Act of Parliament invalid. This in turn, guards the supremacy of Parliament
and the separation of power. Separation of powers in Britain is not as clear as some system such
as USA. Here, the President has power to veto legislation but cannot dissolve Congress.
Legislation passed by Congress can be declared invalid by the courts because it is
unconstitutional.