How, and in how far does the current United Kingdom constitutional Essay

How, and in how far does the current United Kingdom constitutional system demonstrate the operation of the doctrine of the Separation of Powers - Essay Example With regard to the UK position, the doctrine of the separation of powers has traditionally been limited and criticised for being somewhat unclear in comparison to other democracies3. Nevertheless, it has been commented that the doctrine does in fact influence everyday operations of the executive, legislature and judiciary4 and Barnett argues that â€Å"Separation of powers†¦Ã¢â‚¬ ¦ runs like a thread throughout the constitution of the United Kingdom5.† Nevertheless, in the UK there has not been a clear separation of the branches of the state6, but rather a fusion. For example, the executive clearly carries out legislative functions and a prime example is the Law Commission. Although the Law Commission Act 1965 clearly requires the Commission to be â€Å"independent7† in reviewing law reform, its committee members are appointed by the Lord Chancellor who also grants prior approval to projects that the Law Commission will review. Additionally, the judiciary obtain their power from the Crown and there is a distinct overlap of functions between the powers, which should be separated for the effective application of the separation of powers8. This obfuscation of the theoretical separation of powers has ramifications for the procedure of passing Acts of Parliament. Parliament is essentially the legislative section of the British political system. As such, through the executive Prime Minister and the Cabinet, Parliament sanctions executive sovereignty in a party governmental system. Theoretically Parliament is a policy influencing body, relying on the executive to formulate policy and reacts to it and therefore the party machine reinforces power of the executive to initiate policy. Parliament is not therefore involved in the policy making process and has minor powers of initiation. Whilst government controls Parliament the passing of an Act of Parliament ultimately depends on control, possession of