Does American Constitutional Law Differ In Terms Of Separation Of Power?

997 Words4 Pages

To What Extent Does the American Constitutional Law Differ from the English Constitutional Law, in Terms of Separation of Power?

“Separation of powers” refers to the idea that the major institutions of state should be functionally independent and that no individual should have powers that span these offices. The principal institutions are usually taken to be the executive, the legislature and the judiciary. In early accounts, such as Montesquieu’s The Spirit of the Laws, the separation of powers is intended to guard against tyranny and preserve liberty. It was held that the major institutions should be divided and dependent upon each other so that one power would not be able to exceed that of the other two. Today, the separation of powers …show more content…

In the UK, the major offices and institutions have evolved to achieve balance between the Crown (and more recently the Government) and Parliament. The system resembles a balance of powers more than a formal separation of the three branches, or what Walter Bagehot called a “fusion of powers” in The English Constitution.The British Parliamentary system works like this: There are two houses of the legislature. The upper house, the House of Lords, has traditionally consisted of the nobility of Britain: dukes, earls, viscounts, barons, and bishops. As of 2005, the very existence of the House of Lords is in question. There are some calling for its abolition, but a combination elected/lifetime appointment system seems more likely. A popular proposal calls for 80% of the body to be elected and the name to change to the "Second Chamber." In 1999, the House of Lords had over 1300 members. Today, there are just over 700 members. The House of Lords serves a judicial function as a court of final appeal, but as a legislative body, is widely regarded as ineffectual. It can delay passage of bills issued by the lower house, though it cannot veto them.The lower house, the House of Commons, consists of MPs (Members of Parliament) elected from one of 646 electoral districts. In the Commons, majority rules. The majority party makes all the laws. The minority has little voice. The Prime Minister, Britain's closest approximation of the American President, is an MP chosen by the majority. The judiciary has no power of review as in the U.S. Since Britain has no formal, written constitution, no law can be unconstitutional. The head of state, analogous still with the American President, is the monarch (King or Queen). The monarch must approve of all bills, though the process today is little more than a rubber stamp. The Speaker of the House of Commons, elected by the