... or the disputes of private persons'1 Under the constitution of the United States for example, the legislature, in the form of Congress, can veto the Presidents nominations for Supreme Court appointments. Similarly, the Supreme Court can invalidate legislation enacted by Congress, on the grounds that it is unconstitutional. However if one examines the British Constitution it is undoubtedly the case that one will find many examples of the doctrine being violated. Ministers, members of the executives, are allowed to sit as members of the legislative body, the House of Commons. Judges have a role in creating law, by virtue of their powers to 'discover' (or develop the common law), declaring the common law clearly means creating it, as the common law often has to meet fresh situations which have not previously been addressed. A clear example of which is provided by Shaw v DPP (1962) where a common law offence of ...

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