Writing Resources
French jurist Charles Montesquieu promoted the idea of separating the powers of government into the trinity of the executive legislature and judiciary to prevent the abuse of power This concept is present in the United Kingdom though the UK adopts the partial form rather than the pure form which allows for small overlaps between the three branches instituting a healthy system of checks and balances Another vital constitutional principle of this country is Parliamentary sovereignty a concept promulgated by A V Dicey which argues that no person or body is recognised as having a right to override the legislation of Parliament Since the Constitutional Reform Act 2005 Parliamentary sovereignty has been questioned as the Act has seemingly strengthened the court's ability to challenge Parliament This essay will aim to demonstrate that while the CRA accentuated the separation of powers between the branches of government especially between the judiciary and the legislature it was not as helpful in granting the courts constitutional authority as the courts have acquired it from other sources long before the CRA Nevertheless Parliament still reigns supreme Constitutional Reform Act 2005 The CRA made significant changes to the fabric of the judiciary Notably it formed the Supreme Court which became independent of the House of Lords in Parliament Before the Supreme Court the highest court in the land was the Appellate Committee of the House of Lords which consisted of senior judges known as Law Lords who carried out the same responsibilities as current Justices of the Supreme Court While they were part of the legislature it was very rare as members of the House of Lords to participate in Parliamentary activity such as debates Nevertheless the position of the Law Lords in both the legislature and the judiciary caused controversy as it contradicted the doctrine of separation of powers
