The relationship between the executive, legislature and judiciary Essay

The relationship between the executive, legislature and judiciary - Essay Example The orthodox approach to judicial 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 fundamental principles of Britain’s unwritten Constitution, and the role of judges within the context of those principles by stating that the indivisibility of Parliamentary power requires that all exercise of Governmental power must be authorized by Parliament, since it is the source of all valid authority.6 As a result, the British power of judicial review would not include the power to invalidate Acts of Parliament, rather the Courts may only use their powers to constrain any abuse of powers by the other arms of Government, such as the legislative and executive branches7. However, existing provisions permit the Lords of the Appellate Committee to also participate in the legislative business of the Upper House8, thereby raising the question of validity of judicial indepe ndence. This has been addressed in the Constitutional Reform Act of 2005, which aims to strengthening democracy and enhance the credibility of public institutions9 while also recognizing the value of judicial independence and the need to preserve it.10 Furthermore, the separation of powers between the three 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.