Nepotism and Separation of Powers in the UK

The Scope and Impact of Nepotism in the UK

Nepotism is illegal under both criminal and civil law, but the restrictions imposed by each vary, with civil law covering a greater range of relatives and enumerating particular behaviors, while criminal law applies only to a smaller set of relations and enumerating fewer specific crimes. Nepotism prohibits the recipient from receiving any financial gain from family members who have broken the law. There are also constraints on what an official may and cannot do. No appointment, promotion, or advancement in the agency may be made unless the person is a relative of a public official presently serving or exercising authority or control over the agency and who has campaigned for such appointment, employment and promotion. When it comes to nepotism regulations, even if an employee did not break any laws, their employment will still be dissolved if the appointment itself was in violation of the law. In this case, Bird Life International should make a claim for judicial review for the event of nepotism in the transaction.

Separation of powers is a critical subject to examine while examining the constitution of the United Kingdom. It is the belief of those who believe in the concept of separation of powers that the executive, legislative and judicial branches of government in the United Kingdom should all have equal authority. In addition, their authority should be limited among the many institutions. Two of this concept's primary purposes and objectives are to prevent the abuse of authority and the use of arbitrary power. Each organ should do its duties within the scope of its jurisdiction. A lack of freedom results when the executive and legislative branches of government are not separated, according to Baron Montesquieu, who also argued that the ability to make decisions must be kept distinct (Masterman, 2010). Having all three of these powers1 simultaneously would be abuse of power on the part of a single individual or group. There will be three different organs of government, each with a specific role and a system of checks and balances outlined by the Constitution, if idealistic separation of powers is applied. It is impossible to achieve total separation of powers because if three organs function in isolation, this would lead to a legal and constitutional standstill, which would be very difficult to overcome. Each organ should have a clearly defined role, and no organs should interfere substantially with the activities of other organs, according to this concept.

Nepotism Regulations and Violations Under UK Law

In the United Kingdom, there are three main departments of government: legislative, executive, and judicial. All of them have a certain purpose and play a specific role. In terms of the executive, it is described as an organ that executes and implements laws enacted by the legislature. Members of Parliament, such as the Prime Minister, the Cabinet, and other elected members of the legislature, make up the executive. Armed troops and law enforcement are also present. The Parliament has the power to make new laws and amend those already on the books as part of its role as the country's legislative body.. As the name suggests, Parliament is made up of two chambers: the House of Commons and the House of Lords. Once every five years, the House of Commons elects its members by holding a general election in which the party with the most votes is proclaimed the winner and then declared the government. The House of Commons consists of around 650 MPs, each of whom represents a distinct continent in the UK. The Queen will pick the Prime Minister of the United Kingdom to lead the victorious party. The Queen nominates members of the House of Lords based on nominations from the Prime Minister. About 700 members of the House of Lords are life or hereditary peers at this time. The judiciary, last but not least, is a body tasked with making legal judgments. Members of the organization represent the courts and justices. Conflicts between the government, the public, and individuals may be resolved via it. Because judicial independence is critical, it is separate from the legislative and executive branches of government. For a state to preserve its judicial authority while still maintaining public freedom, according to Blackstone, it is impossible to keep it apart from the administrative and legislative branches of government (Masterman, 2010). Since every nation's method of preserving separation of powers is unique, comparing it to other countries like the United States, Malaysia, and India may provide a different or better perspective on the topic.

References

Masterman, R. (2010). The separation of powers in the contemporary constitution: Judicial competence and independence in the United Kingdom. Cambridge University Press.