StudentShare solutions
Triangle menu

PUBLIC LAW - Essay Example

Nobody downloaded yet
The legislative or law-making function, which is the enactment of rules for the society. The executive or law-applying function, which covers actions taken to maintain or implement the law, defend he state, conduct external affairs and administer internal policies. Finally came the judicial or law enforcing function, which is the determining of civil disputes and the publishing of criminals by deciding issues of fact and applying the law. The three functions of government should be carried out by separate persons or bodies and that each branch of government should only carry out its own function. For instance, the legislature, executive and judicial branches should have equal status so each could control the excessive use of power by another branch2[Constitutional and Administrative Law Pg 105].
The doctrine of separation of powers has been attributed to Aristotle3. However, the clearest exposition of the doctrine can be found in the France writer Baron de Montesquieu's De L'Esprit des Lois (The Spirit of the Laws) [1952]. In order to answer this question it is necessary to discuss about the executive, the legislature and the judiciary, the relationship between executive and legislature, legislature and judiciary; executive and judiciary. ...
The Constitutional Reform Act modifies the office of Lord Chancellor and makes changes to the way in which some of the functions vested in that office are to be exercised. Part 2 of this Act modifies the office of Lord Chancellor and provides for the future exercise of certain functions of that office and for continued judicial independence4. [Constitutional and Administrative Law Pg 109]

The Executive: The Executive may be defined as that branch of the state which formulates policy and is responsible for its execution. In formal terms, the sovereign is the head of executive. The Prime Minister, Cabinet and other ministers, for the most part, are elected Members of Parliament. In addition, the Civil Service, local authorities, police and armed forces, constitute the executive in practical terms.

The legislature: The Queen of the parliament is the sovereign law making body within the United Kingdom. Formally expressed, parliament comprises the Queen, the HL and House of Commons. Parliament is bicameral, that is to say there are two chambers, each exercising a legislative role-although not having equal powers-and each playing a part in ensuring the accountability of the government.

The judiciary: The judiciary is that branch of the state which adjudicates upon conflicts between state institutions, between state and individual, and between individuals. The judiciary is independent of both parliament and the executive. It is the prime feature of judicial independence which is of prime importance both in relation to government according to law and in the protection of liberty of the citizen against the executive. As Blackstone observed in his Commentaries that the administration of common justice be in some degree separated both from the legislative and ...Show more


The separation of powers is constitutional principle designed to ensure that the functions, personnel and powers of the major institutions of the state are not concentrated in any one body. It is a doctrine, which is fundamental to the organisation of a state-and to the concept of constitutionalism - in so far as it prescribes the appropriate allocation of powers, and the limits of those powers, to differing institutions…
Author : quigleyleanna
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Public Law
Others thought that this is a fundamental right to express a person’s participation and submission to social contract. But this, as a universal right, is not without limitations. Nations all over the world legislated policies that constitutionally guarantee the right of suffrage but also bar its exercise when a person is convicted of a crime.
7 pages (1750 words) Essay
Public law
They compose of such rights as freedom of expression, equal treatment before the law and the right to life among others. Here, there is freedom of expression which thus gives people the right to protest as long as they do not infringe into other people’s rights or break the law.
6 pages (1500 words) Essay
Public Law
Interpretation, in this case, for compliance may be in conflict with the intent of the legislation. This is considered as a last resort measure with an array of superior courts having the ability to issue such a declaration of incompatibility. The declaration does not bind the parties nor can it lead to the invalidation of legislation (Clements, 2008: p21).
3 pages (750 words) Essay
Public Law
The House of Lords in the UK can be traced back to the 14th century, from where it has developed with various changes to what people now call the second chamber or upper house in the UK constitution (, 2011). For centuries, it had always had an upper hand in the work of the government, by either supporting or refuting the discussions of the common house.
8 pages (2000 words) Essay
Business law
Public law on the other hand refers to the standards and rules specifying responsibilities and privileges among private individuals and the government. Public law is also regarded as the rules and regulations that control responsibilities and privileges in a situation between a member of the public and the government.
4 pages (1000 words) Essay
Public law
BBC) will be used in this discussion as a means of taking a look at case law with reference to the Human Rights Act of 1998. This discussion is meant to critically analyze the statement made by Lord Hoffman as well as the Human Rights Act of 1998. To
6 pages (1500 words) Essay
Public Law
While the United Kingdom does not have a formal written and codified Constitution, there is an unwritten set of rules comprised of the Acts of Parliament, judicial decisions as well as political practices that form the basis of
30 pages (7500 words) Essay
Although voting was allowed it was mainly aristocracy that were entitled to vote, and certain classes of people were exempted from being able to
9 pages (2250 words) Essay
rtable with the shop’s operation on Sundays, gives rise to various grounds upon which the complainant may challenge the council’s decision or at least, the procedure used in issuing the license. The following are the various grounds: Illegality: Illegality, as a ground for
9 pages (2250 words) Essay
Public Law
Once an area is designated a protected area, section 2 prohibits access to the area unless a permit has been obtained from the Secretary of State.  The Secretary of State (Joanna) decides to consult local residents about whether to designate Jesmond Forest as a
8 pages (2000 words) Essay
Comments (0)
Click to create a comment
Let us find you another Essay on topic PUBLIC LAW for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
Join us:
Contact Us