🔒 The Balancing Act: Separation of Powers in the UK

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

We explore the complex reality of separation of powers in the UK, focusing on the overlaps between the legislature, executive, and judiciary that challenge Montesquieu's traditional vision.
• The judiciary serves as an important check and balance but lacks the power to strike down laws unlike the US Supreme Court
• UK has a bicameral parliament with the House of Commons (elected MPs) and the House of Lords (appointed members)
• The Lord Chancellor historically violated separation principles by having roles in all three branches until the Constitutional Reform Act 2005
• The executive effectively controls the legislature through party discipline in the first-past-the-post system
• This arrangement has been criticized as an "elective dictatorship" where governments with majorities dominate parliament
• Ministers can create legally binding statutory instruments through delegated legislation, blurring the line between executive and legislative powers
• The UK maintains parliamentary sovereignty while allowing for judicial independence
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. Introduction to Separation of Powers (00:00:00)

2. The Judiciary's Crucial Independence (00:01:00)

3. UK's Bicameral Legislature Explained (00:01:28)

4. Constitutional Reform Act Changes (00:04:00)

5. Legislature and Executive Relationship (00:05:37)

6. The "Elective Dictatorship" Problem (00:09:10)

7. Delegated Legislation Powers (00:11:10)