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Words: | Submitted: Fri Jan 28 2005
... Separation of Powers, the Rule of Law, the European Union and Parliamentary Sovereignty. Firstly there is the Separation of Powers. This constitutes of three powers: the executive, legislative and judicial. As power is shared between the three, no one power can be too powerful, thus possibly undermining democracy. The above principle, suggested by Montesquieu in the 18th Century, could be argued as undemocratic. However, when such a principle is perhaps more of an idealistic theory than an actual practice, it appears that the Separation of Powers is not such a major safeguard as many regard it to be. An example of this is in relation to the personnel. The major worry undermining this democratic safeguard is the overlap between the executive and the judiciary. The Lord Chancellor is both a cabinet minister and a judge, and whilst constitutional conventions prevent him from sitting in cases where the government was a party ...
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