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Constitutional Law
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... de Smith in his statement is making the point that the Separation of Power is not a “central” feature of the British constitution and thus he categorizes it as an “irrelevant distraction for the English Law student”. ... The courts in the United Kingdom are the basis for common law and ministers of the crown have certain powers influencing legal sentences or sometimes even give pardons. ... Judicial decisions are common law and in a way the separation of power is a functional operation in common law. ...
When referring to constitutions and countries now independent, Lord Diplock observed the following:
“all of them were negotiated as well as drafted by persons nurtured in the tradition of that branch of common law of England that is concerned with public law and familiar in particular with the basic concept of separation of legislative, executive and judicial powers as it had been developed in the unwritten constitution of the United Kingdom”. ... de Smith a constitutional lawyer in the 1960’s in his statement is saying that the separation of power cannot be a basis for study.
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Paper Information
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Title: Constitutional Law
Words: 957
Rating: None
Pages: 3.8
submitted by: sshadows
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