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Rule of Law and Separation of Powers - Essay Example
Author : adelbert84
Pages 8 (2008 words)
One of the main reasons for calling the British Constitution 'unwritten' seems to be the ancient rules of the Constitution, which are taken as the 'principles' or 'guidelines' to be followed. However, the most vital point of concern is that the same unwritten part of the constitution is often followed by many other countries' legal matters, due to which it has become a critical issue over the years…
This notion is referred to as 'separation of powers'.
Over the years 'the Rule of Law' has gained many critical acclaims due to the traditional ethical values it uphold in the UK constitution. Those set of values are universally accepted and implemented in most of the European states for the rule does not allow any deviation or updation in the 'written' or 'unwritten' part of the Constitution.
'Separation of powers' the word created by a French thinker 1 is today pursued by the doctrine of the separation of powers (SOP) which suggests that SOP is no less important globally than nationally. This refers to the fundamental commitment to the creation and maintenance of independent judicial bodies to interpret and apply diverse areas of international law is essential to international law's continuing integrity 2.
SOP refers to that established constitutional principle that believes and negates the notion that, there must not be any accumulation of too much power in a single entity (one person) or decision-making body, instead the power must be distributed among the three branches of the constitution named the Executive, the Legislature and the Judiciary. In case the power is vested in a single authority, it would lead to inefficiency and corruption 3.
Lord Scarman invoked Entick v. ...