Montesquieu's Separation Of Power

Separation of power is a very important concept for proper democracy, in every state there are three branches such as Executive, legislature and Judiciary. Montesquieu who was a French but was very attractive to UK’s Separation of Power and he argued that there should be no overlap of personnel and all organs should be on equal and on same level. Montesquieu also argued that independence of judiciary is important to avoid tyranny. There are many professors who have talked about Separation of Power such as Lord Acton famous saying ‘power tends to corrupt and absolute power corrupts absolutely”.

Judicial deference which exists in UK, where there is entrenched constitution. Judicial deference, court has the authority to raise its voice but sometime

Due to ECtHR now even Judges can pass declaration of incompatibility against any law of the parliament (which is supreme in UK) which is incompatible with European convention of Human rights such was done in the case of A vs Home Secretary where foreign nationals were detained by Uk, this was incompatibility as to article 14 (discriminatory).Although the case of A and others 2004 is also incompatible as to article 14 because it only focuses on Non nationals who reside in UK. Parliament have made changes in the law to make it compatible with convention rights by using section 10 such can be seen from Anderson 2002 and Ballinger’s (2000) case. By the help of ECtHR and HRA 1998, the courts issued Declaration of Incompatibility in the case of A and others 2004 that terrorism, crime and security act 2001 only put it focus on Non nationals who live in Uk which is incompatible with Article 14 of ECHR so later on Parliament changed the Part 4 of Anti terrorism, crime and security act 2001 with Prevention of terrorism act 2005 . This new act has put nationals and non nationals in same category when it comes to terrorism