The relationship between the executive, legislature and judiciary Essay

The relationship between the executive, general assembly and judiciary - Essay ExampleThe orthodox approach to discriminatory review is therefore based upon the absolute and indivisible sovereignty of Parliament rather than the independence of the judiciary5. Oxford Professor A.V. Dicey set out the radical principles of Britains unwritten Constitution, and the role of judges within the context of those principles by stating that the indivisibility of Parliamentary power requires that exclusively exercise of Governmental power must be authorized by Parliament, since it is the source of all logical authority.6 As a result, the British power of legal review would not include the power to countermand Acts of Parliament, rather the Courts may only use their powers to constrain any abuse of powers by the other coat of arms of Government, such as the legislative and executive branches7. However, existing provisions permit the Lords of the Appellate Committee to withal participate in the legislative business of the Upper House8, thereby raising the question of validity of judicial independence. This has been addressed in the Constitutional Reform Act of 2005, which aims to strengthening democracy and enhance the credibility of macrocosm institutions9 while also recognizing the value of judicial independence and the need to preserve it.10 Furthermore, the separation of powers between the triple branches of Government as spelt out by Montesquieu11 is unclear in the context of the British judicial process. In view of present threats from terrorism, the Government has enacted sweeping legislation against terrorists12 tilting.