According at a decisive moment in a nation’s history

 

According
to Carl Friedrich, the costitution is “the ordering and dividing of the
exercise of political power by that group in an existent community who are able
to secure the consent of the community and who thereby make manifest the power of
the community itself “1.

In Britain we have a constitution, containing
diverse laws, practices and conventions that have emerged over a long period of
time. Notwithstanding this, unlike other countries, the british costitution is not
written in a single document of fundamental importance.  Somebody suggests it as ‘uncodified’
supporting the idea that numerous of constitutional nature laws are literally written
down in Acts of Parliament, court judgments and conventions.
Additionally, this
sources of law  historically was present in various charters and
documentations, first and foremost the Magna Carta (1215).  

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Notwithstanding this the separation of powers of the United
Kindomis a perfect example for all the countries with a codified constitution .
In this regard, Montesquieu said that “there
can be no liberty and everything would come to an end if the legislative,
executive and judicial powers of government were to be exercised by the same
person or authority” 2. In essence, the purpose
of any costitution is to set out the rules and regulations which goverments
operate.  With this in mind, this essay
will be focused on the reasons why the  separation of powers in UK works properly,
although there is no written costitution.

The
costitutions are formally adopted as a specific text of special importance
introduced at a decisive moment in a nation’s history to achieve obvious goals,
but not Great Britain which surivived of all the revolutionary devour of the 19
century. Accordingly the democracy of
this country has been improved over centuries. Therefore, the british constitution exist just in
abstract, this means that doesn’e exist any document setting down all the guide
lines for governing the country. So necessarily the british contitution os
formed of diefferent laws, conventions and customary practises  starting form medieval times, with the famous Magna
Carta of 1215.  The most important
feature of this  document is the
establishing the principle that “everyone
is subject to the law “3, which
still is the thread of today’s democracy, after all this years.

” A case is only an authority for what it
actually decides. I entirely deny that it can be quoted for a proposition that
may seem to follow logically from it. Such a mode of reasoning assumes that
there is necessarily a logical code, whereas every lawyer must acknowledge that
the law is not always logical at all”4. In a
sense, the british costitution is an assamblage of customary practices; thus
it’s acquired through experience, and cannot be easily  expressed in books. Dicey defined the
costitution as ” all rules which directly or indirectly affect the distribution
or the exercise of the sovereign power of the state” 5. In this
way Dicey converted our costitution in just an assamblage of rules, and for him
the ” rule of law” meas primarily the absolute supremacy of regular law.

  “Any costitution, whether of a state, a trade
union, a collage, a club, or other istitution seeks to lay dawn and define the
main offices in which authority is vested and the powers which may be exercised
by the holders of those offices” 6. The
function of the costitution is to determine precisely where these dividing
lines should be situated, how rigidly they should be enforced and what should
happen in case they are crossed. Consequently, each branch can restrain the
others since any major decision would require the cooperation of all branches. ” The purposes of any costitution are mainly
three: firstly, to enable the organisation to run effectively; secondly, to
define the powers of those in charge of the organisation; thirdly, to protect
members of the community against the abuse of those powers” 7.  This fundamental principles are usually
codified in any state costitution, nevertheless the britain’s government works
efficiently without writing down it on a piece of paper, and this makes it
unique and subject of study.

 Usually,
the concept of separation of powers is that
legislative, executive and judiciary each have their own perimeters and each
should exercise their powers accordingly. In Montesquieu’s view, the independent action of the separate
institutions should create a system of checks
and balances between them, “the political liberty of the subject is a
tranquillity of mind arising from the opinion each person has of his safety. In
order to have this liberty, it is requisite the government be so constituted as
one man need not be afraid of another” 8. Walter Baghot called as the “efficient secret of the English constitution”
9
the perfect intertwining  of the powers,
as they are nearly to complete fusion, in contrast of other consitutitons. This
UK’s integration of powers is said to provide stability and efficiency in the
operation of government. It has been described as “a system that intentionally promotes efficiency over abstract concerns
about tyranny”10. For example,
the Prime Minister is usually both head of the executive branch and leader of
the majority party in the legislature, which gives the executive branch much
more freedom of action than a president usually enjoys in a presidential system
of government.