Separation of Powers

In: Philosophy and Psychology

Submitted By daydream11
Words 535
Pages 3
With reference to all the chapters in this module trace the beginnings of the doctrine of the separation of powers

The idea of the separation of powers suggest that the governance of the country should not fall to one person, for example the King, and that this therefore, in turn, prevents there being any abuse of power.

On the 15th June 1215 King John was forced to sign the Magna Carta. This meant that a person would only be answerable to the “lawful judgement of his peers or by the law of the land”. This was an important step towards the separation of powers because it diminished the power of the King and the first time he was, along with the rest of the country, subjected to the laws of the land.

The Magna Carta was re-issued three times during the reign of Henry III who was the successor to King John, with the final one being issued in 1225. This Charter omitted certain clauses that allowed the nobles to vote and over rule a King however, it did establish a Parliament that had some powers to overlook a King’s decision. Amongst other things it also added fixed law Courts where people would be tried by a jury of their peers, and included clauses against corruption. This was an early version of our checks and balances system where no one person has absolute rule and it continued to develop during the reign of Edward I when Parliament began to take its modern form.

Kings now had to accept that their rule very much depended upon the consent of their subjects and this was highlighted when Richard II, who signed in conflict with Parliament, was forced to abdicate by Henry IV.

The 15th century was a time of instability and change and England was in a desperate need of a King who could reinstate the efficiency if the royal government and restore law and order throughout the land.

The 16th century saw the reign of Henry VIII and the administrative…...

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