🔒 Separation of Powers: Checks and Balances in Democratic Governance

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

We explore the constitutional principle of separation of powers, examining its historical development and application within the UK's system of governance. This doctrine divides state authority among the executive, legislature, and judiciary to prevent power concentration and protect democratic freedoms.
• Separation of powers (trias politica) originated in ancient Greece and was widely used in the Roman Republic
• The UK demonstrates a fusion of powers rather than strict separation, particularly between executive and legislature
• The judiciary maintains independence as a crucial element of constitutional balance
• Constitutional developments like the Human Rights Act 1998 and Constitutional Reform Act 2005 have strengthened separation
• Statutory interpretation raises questions about potential judicial lawmaking
• Preventing concentration of power protects against tyranny and safeguards individual liberty
• John Locke warned about combining lawmaking and law-enforcing powers in the same hands
• Each constitutional organ should serve as a check and balance on the others
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. Separation of Powers: Checks and Balances in Democratic Governance (00:00:00)

2. Introduction to Separation of Powers (00:00:32)

3. Fusion vs. Separation in UK Constitution (00:03:04)

4. Judicial Perspectives on Constitutional Balance (00:05:31)

5. Statutory Interpretation and Judicial Power (00:08:36)

6. Importance of Preventing Power Concentration (00:10:42)

7. The Three Constitutional Functions Defined (00:13:27)