<P> The judiciary undertake minor legislative functions in the form of court procedure, which, whilst the performance of a conflicting power, strengthens their independence . Tribunals are tied, but remain independent from, the executive . Government departments adjudicate on many decisions, and are required to take principles such as fairness and transparency into account in return . The courts provide only one method of dispute resolution, albeit one that is important where the government is one party and independence is necessary . The picture of which decision - making processes should be assigned to which body is complicated . There remain problems with the scope of role of the Home Secretary in the penal system and judicial decisions with regard to sentencing . Nolan LJ, in M v Home Office, noted that: </P> <P> The proper constitutional relationship of the executive with the courts is that the courts will respect all acts of the executive within its lawful province, and that the executive will respect all decisions of the courts as to what its lawful province is . </P> <P> In matters such as Extradition of British nationals, courts must first consent and the Home Secretary must agree and sign an Extradition Order or the individual cannot be extradited . A recent example of this is computer - hacker and Aspergers syndrome sufferer Gary McKinnon being extradited to the United States . The courts decreed that he could be extradited and that it would not harm him . However the Home Secretary announced that she refused to sign the order as she believed it would harm his life rights and could lead to him committing suicide . </P> <P> The judges of the Supreme Court do not sit in the House of Lords . Until 2009, the judges appointed as Law Lords formed part of the House of Lords in Parliament . The creation of the Supreme Court ended confusion in name of both capacities . No Member of Parliament may hold a full - time position in the judiciary . </P>

Does the separation of powers necessitate the separation of personnel