3.4 - Relationships between institutions

Question 1

What is the composition and history of the Supreme Court

Answer 1

The supreme court was opened on the 1st of October 2009 and established by the conditional reform act of 2005. Before the law lords sat as lords and were the highest court of appeal. IT was created to get greater transparency and establish independence of the courts,

It also changed the role of the Lord chancellor- they used used to haver three historic functions:
- Cabinet minister who supervised legal system
- Chairman of the sitting of the lords
_ head of judiciary, who appointed other judges
- It combined the roles of the executive, legislative and judiciary. The last two have bene removed, the lord speaker heads the former and the judicial appointments commission the latter.

Question 2

What is the role of the Supreme Court

Answer 2

The UK does not have a single unified legal system- there are different systems. The supreme court is UK wide and acts as the final court of appeal for rulings made by lower courts.

IT is the final body for criminal cases in England and Wales and NI and for civil cases for all.

The hears appeals on points of laws on matters of the wider public and constitutional importance are concerned. IT is an interpretive body.

IT can also make rulings on whether devolved bodies have acted within their powers.

For example it ruled that the Scottish government’s proposed idea the have named persons scheme, which planned to appoint stat guardians to be responsible for the well beings of children, was blocked as it conflicted with Article 8 of the human rights act, the right to private and family life- there is no consent.

Question 3

Outline the structure of UK courts

Answer 3

The supreme court deals with both civil and criminal cases-

On the civil side
- High court- court of appeal to lower

• High court- consists of three devisions
• Queens bench- contract law, personal injury and negligence
• Family- divorce, children, medical treatment
  Chancery- Business, probate, trusts
  Also supervises

Crown court- Civil cases such as compensation

Tribunal- hears appeals on immigration, social security act

On the criminal side
- same as past for top 2

Crown court- criminal court that hears appeals and holds jury trial;s and sentencing

• Less serious in magistrates

Question 4

How are members of the supreme court appointed

Answer 4

• The Supreme Court consists of 12 members, but an odd number always sit. In important cases 11 will- for example the UK’s exit of the EU.

The most senior figure is the president- Brenda Hale.

Supreme court justices have to have served as a senior judge for 2 years and been qualified as. lawyer for 15. When a vacancy occurs a independent 5 person body , with the president, deputy, a member of the judicial appointments commission, and equivalent bodies IN Scotland and NI decide. The lord chancellor either confirms or rejects - they cannot reject names repeatedly . The PM confirms then the monarch.

Question 5

What are the two key operating principals of the Supreme Court

Answer 5

Judicial neutrality- There is an expectation they will reform without bias. This is confirmed in the bode of conduct-

Conflicts of interest- judges have to refuse to sit in cases that involve family, friends, professional associates, which may give rise to doubt the detachment

Public activities- may write and give lectures as part of education function and may involve themselves with charity, but must avoid political activity. They can serve on official bodies, such as government commissions, but have to maintain neutrality.

They are transparent about rulings. Their website has all decisions and reasoning.

Question 6

How neutral is the court and where has there been an example of independence being limited.

Answer 6

The narrowness of its composition in terms o genre and social and educational background is a concern. It contains a disproportionate amount of privately educated white men.

This was brought to attention when only one female member was able to be there on Radamer V Granationo. This involved a pre nuptials agreement, which a majority of justices upheld the principal that claims made in the event of a divorce should be limited. She was the only one to dissent from majority verdict, claiming that the vast majority of people who would loose out were women. She pointed out the issue in an interview where she pointed out that since she has been there 12 new judges have been sworn in and only 2 weren’t privately educated and 2 didn’t go to Oxbridge.

Question 7

What is judicial independence

Answer 7

The principal that judges must be free from political interference.They need to be impartial they will often rule on bases between the state and citizen.

Question 8

How does the Judiciary ensure independence

Answer 8

Employment- Judges cannot be removed unless;ess they break the law. They do have a retirement age- 70 for those appointed post 95. Immune from legal action from comments

Pay- Judges salaries are paid automatically away from the budget by the consolidated fund, cannot be manipulate day ministers

appointement- transparent and free from political involvement.

Its physical separation is a visual sign of this.

Question 9

What concerns about the independence of the supreme court have been raised.

Answer 9

Some concerns have been raised around the indepdpnce.

In 2011, Lord Phillips raised concerns about function. The speeding cuts on the court system meant that Phillips argued that the independence of the court was at risk, unless there was independent funding. HE spoke of the tendency on the part of the ministry of justice to try and gain the Supreme Court as an outlying part of the empire.Ken Clarke dismissed this asnd said it was independence, but it cannot set its own budget.

Question 10

What influence has the Supreme Court had on the executive and parliament

Answer 10

• One of the most important aspects of this is the Court can interpret in human rights act.It can issue a declaration of incompatibility. There is an expectation that parliament will modify the law to bring it in line with the convention of human rights. The court cannot strike down parliament though, unlike the US. This limits their power

It can however carry out judicial review. The court can inquire whether ministers have followed correct procedures in the way the implement legislation. IT can examine actions of public bodies and see if they have acted ultra vires- beyond ones powers.

Question 11

Give 4 examples of supreme court rulings and their implications on the government

Answer 11

The right for offenders to appeal against the registration for life- 2010
- The governments position was the individuals who have committed serious sexual offences, in England and Wales, must register for life. The court ruled that this breached their human rights and should be able to appeal after 15 years. This caused conflict.

The case of Private Jason smith - 2010
- He was a serviceman who died of heatstroke in Raw. His family Brough forward a case against the ministers of defence, claiming that authorities should have safeguarded him. The high court ruled in their favour, but he supreme court overruled them- 6 to 3. They claimed that the Human rights act does not extend to troops in combat.

Al Rawi case
- The case was brought by former Inmates of Guantanamo bay who claimed UK security services had contributed to their imprisonment . The security chiefs supported by the government, said that in the interest of national security , evidence must be given in secret. They rejected this it breached the right to fair trial. Both sides have to be able to see evidence

HS2- 2014
Campaigners against the planned London the Birmingham rail link requested judicial review to see if it complies with EU environmental directives. They dismissed this as pearleimtn had not reached final decisions, so its merit remains open

Question 12

How did the Supreme Court rule on Brexit

Answer 12

The Supreme court upheld the high courts ruling that the PM cannot choose to leave on prerogative powers. They claimed that EU membership introduced statutory rights, only parliament can remove these-

Question 13

What did Lord Hailsham call the way power had been centralised in the executive in a speech at the BBC? what are some examples of this being drastic?

Answer 13

an “elective dictatorship”. HE believed that the only real check on power is general elections and government can do what they want- within reason. Even small majorities

Some examples this-

• 2003 Blair government- elected on 40% of the vote, attempted to abolish the role of lord chancellor, with no prior consultation. On meeting constitutional difficulties with plans, it carried out drastic remodelling of the office in 2005 constitutional reform act.
• 2011 Coalition government created ,not through public opinion, passed the fixed term parliament act
• Allowing Scotland to have a referendum- electorate not consulted.

IT comes from various places

• First past the post tends to deliver strong one part systems
• Whip systems
• Government domination of legislative timetables
• Use of salisbury convention and parliament act
• Absence of codified constitution

Question 14

Outline parliaments ability to influence and scrutinise government legislation

Answer 14

• Rebellions have become more common in recent years. Blair did not loose until after 2005- on the terrorist bill. If a government fears it will loose it will often withdraw- Cameron did this on the hunting ban after the SNP made it clear they would vote against.

Sometimes opposition often results in a free vote. It is usually on more moral and personal issues- for example same sex marriage.

However, normally pressure of party discipline will ensure that a government secures its programme- even the most controversial aspects. For example, in 2010 the coalition voted top increase student loans- the Lib Dems had to abandon an election promise. The government has to sometimes rely on opposition MPs - for example Blair on the rental of trident in 2007.

The lords now rebells more, after the hereditary peers were expelled. IT has used its power to secure amendments, for example the sunset clause in the 2005 prevention of terrorism act.They usually won’t

Question 15

How does parliament scrutinise other government committees

Answer 15

Changes to select committees, where MPs now elect their chairs, has enchased their status. Long standing chairs, such as Andrew Tyrie of the treasury select committee have accumulated experience and expertise.

They now include powers such as pre appointment hearings and scrutiny of legislation.Ministers can block appointments of officials as witnesses, such as May who blocked the head of MI5. Governments do not need to act on recommendations. Resources are limited. The PM appears twice a year to the liaison committee, has the chairs of all the select committees.

They can also submit oral and written questions to department ministers.

Debates can also be used, and can end on government defeats- for example on Syria in 2013. The opposition parties are allowed 20 days a session to choose debates, but little gets done.

Backbenchers business committee has scheduled debates on topics the government has not chosen, on cross party basis. With some exceptions, for example forcing the release on Hillsborough, they gain little attention. The government detainees how much time is allowed for debates

Question 16

How can parliament help remove governments and ministers

Answer 16

In modern times, this power has been limited.

In theory, the commons can remove a government, with a vote of no confidence. However, this has not happened since 1979. BY making a vote a matter of confidence, the PM can usually face down opposition MPs, as they will not want to vote if they will loose. The fixed term parliament act now means the PM has 14 days to form a new government if they loose.

Some ministers have been removed, due to MPs. This pressure is usually supported by the Media. The media is said to care the downfall of Peter Mandelson, Charles Clarke and Maria miller, just to name a few.

Question 17

Outline the debate between the idea that government power has reduced, and it still retains a large degree of control.

Answer 17

Reduced-
- Last decade has seen an increased number of rebellions in the commons. The 2 greatest defeats in commons history have happened in the past 2 years They may withdraw.

Governments have accepted restrictions on the exercise of certain prerogatives- such as the right tot exercise military power. Precedents have been set. The PM also can’t call an election at Whim

Backbenchers business committee gives more power to MPs to choose debate

Select committee have grown in status

Lords have led to more defeats- no single patty holds it and hundreds of cross benchers.

Governments still hold large degree of control

• Whips and patronage remain tools of government. Parliamentary private secretaries, the government can call on payroll vote of 100 Mps. With a secure majority, they cannot be defeated

Governments have gained new powers, such as power to change secondary legislation/

Governments control great amounts to timetable, and there is a limited amount to debate private member bills and debate opposition

Ministers can obstruct powers of select committees, they do not have to act on them.

Lords usually defers to the house after parliamentary ping pong . Salisbury convention limits their power, as well as the parliament act.

Question 18

Outline the process of European integration, based on major changes.

Answer 18

1950- European coal and steel community (ECSC) formed by France, west Germany, Italy, Belgium ect to remove control of key materials from singular countries.

1957- Treaty of Rome singed by six ECSC states, creating European economic community, later known as the EC

1973- Britain and Ireland voted to join the EEC

1975- European referendum- Britain decides to remain a member

1992- Treaty of Maastricht transformed the EC into the EU

Question 19

How has economic integration and the single market driven European integration

Answer 19

Member states wanted to promote economic growth, by breaking down internal barriers- creating a customs union.

It was taxed a step further in the Single European act of 1986 where it tried to create a single European market based on the four freedoms- goods, services, people and capital. Much of this was achieved, for example there are no more custom controls at boarders and there are common goods standards.. IT ha snot yet been complete in services such as energy and the digitised market.

Some national policy creates issues with this. The free movement was guaranteed by the Schengen area, which the UK and Ireland opted out.

Some areas have stopped movement, temporarily. In response to the migrant crises posed some serious issues to this.

Question 20

How was an economic and monetary union driven European integration

Answer 20

The establishment of an economic and monetary union was the eventual goal for most states. This was seen in the creation of the European central bank and the introduction of the Euro in 1999 and 2002.

IT tried to promote cross border trade and eliminate uncertainties that come from fluxating exchange rates. It also underpins a closer political union.

Some nations have opted out, for example, UK and Denmark. They are not willing to surrender economic sovereignty.

After the financial crises, some eurozone members faced issues. They did not follow the rules laid down to prevent unsustainable levels of debt. Greece, Spain, Portugal, Ireland and Cyprus all required bailouts, and in return were expected to implement tighter budget rules, embodied in the 2012 Fiscal Compact treaty.

Question 21

How has enlargement been a driving force for integration in the EU

Answer 21

With the end of the Cold War, the EU turned its attention to expand its boarder to include former soviet states.

10 new members In 2004, Romania and Bulgaria in 2007 and Croatia in 2013.

IT implemented to try and create a larger trading block and and further unity, over 500 million joined.

The new states could not be admitted until they had evolved into liberal democracies, with functioning market economies. They have to also be bale to implement EU law.

Some were concerned the countries did not meet this criteria.

There is also a concern, amongst some, about immigration.

Question 22

How has social policy acted as a driving force for European integration

Answer 22

Social policy
- To balance the economic freedoms of the single market, from the 1980s, the Eu developed a social dimension not allow for discrimination or disadvantage. A level playing field for business also is tried to be treated, if there is vast inequality between member states, firms may move countries with worse workers rights.

Question 23

How has a political union and the Lisbon treaty acted as a driving force for European integration

Answer 23

Political union
- There is no single institution corresponding to to the executive. There Is a balance between institutions that operate in an intergovernmental way and on a supranational level- a higher body.

There have bene many developments to this. Theres now qualified majority voting as the main decision making of the council. This means votes are proportional to population.

Veto areas have been reduced.

There have been moves to create common foreign and security policy, pooling defence for specific missions. The European arrest warrant allows individuals who are wanted by the authorities to be extradited from one another.

The Lisbon treaty, of 2007, introduced a number of institutional changes:

• The European council was given a permanent president, serves 2 and a half year term.
• A high representative of the union for foreign affairs and security policy appointed to coordinate on policy
• A system of double majority voting was introduced, enabling legislative proposals to be passed with 55% support of member states, representing 65 % of the population.
• The charter of Fundamental right- the UK refuses to accept this as binding- education, strike, health care ect

Question 24

Outline the 5 main bodies of decision making in the EU, their purpose if they are intergovernmental or supranational

Answer 24

European commission- appointed officials from each member state, proposes EU law, enforces EU law and prepares EU budget - Supranational

European council-
Heads of government of member states, meets 4 times a year, takes key strategic decisions- e..g new member states. - Intergovernmental

Council of the European Union-
- ministers from member states, discuss policy areas and takes decisions on whether to adopt legislation, working in co-opperation with the European Parliament- Intergovernmental

European Parliament
- Only directly elected area, co-decides on most of legislation in the council. HAs a say of the adoption of EU budgets, can accept or reject nominations to the commission. Supranational

European court of justice
- Enforces EU law, resolves disputes.- supranational

Question 25

How are treaties negotiated within the EU

Answer 25

Treaties are legal documents that set out the power of EU institutions and rules in decision making.

The key body is the European council- the heads of government have the authority to commit a country to the deal.

The parliament votes on the treaty and then it is ratified by the country. Parliament usually will vote, but sorties referendums are held, for example, Ireland and the Lisbon treaty- there were 2.

Question 26

What are directives and regulations and How does the EU pass and enforce Directives and regulations

Answer 26

• A directive sets out a goal that all EU member states must work towards and are expected to pass own laws to achieve it. Foe example the 1998 Working time directive was what caused the UK to pass the 1988 Working time regulations
• A regulation is binding on all member states and immediately enforceable, for example the 2015 regulation on common safeguards on goods imported from outside the EU

The process is as follows
- The European council sets broad guidelines for the commission. EU treaties set out the basic goals and rules fro law making

• The commission proposes new laws and asses impact of legislation and consults with those relevant.
• Council of the EU and Parliament decide on the adoption, if they can’t agree a conciliation committee is convened to find a comprise
• The implementation of the new law is the responsibility of the European council and commission. The latter can bring a case before the EU if. a member state does not act, within a timescale.

Question 27

Give examples of the UK’s difficult relationship with the EU, on the basis of social policy

Answer 27

The social chapter of the 1992 Maastricht treaty was designed to protect workers rights. Major’s government negotiated an opt out initially. When new Labour took office, it signed up to the social chapter- worker gained many rights, for example paid holiday, equal rights to part time workers.
Blair was however concerned to strike a balance between social protection and labour marker flexibility and did not want to support further extensions of the EU’s role in social policy.

The coalition also wanted to give more freedom to business, it increased the minimum period required for workers to claim unfair dismissal, from one to two years

A conflict occurred after the European court o justice said time spent by a tradesman on a travelling job must count towards the max 48 hour working week, they said this would increase costs.

Question 28

Give examples of the UK’s difficult relationship with the EU on the common fisheries policy

Answer 28

From 1983 the EU regulated the amount of deep sea is that could be caught with a system, of quotas. IT also allowed fishing boats from member states to have equal access to each others fishing areas.

Many argued this allowed the UK’s fishing industry to die as they could have fleets Come and take.

IT also did not conserve fish stock, fish even had to be thrown back in to meet the quota.

The factor tame case was a big part of this. They died the UK government for restricting access to UK waters. The Law lords followed the Court of justice ruling that the 1988 Merchant shipping act- which the Government used as its justification, cannot be used as it violates EU law.IT established the Primacy of EU law over acts of parliament.

Question 29

How has the EU affected the UK’s political system, and policy making.

Answer 29

The executive has altered the way it works in order to co-ordinate British policy and to het best deals with other EU states. The process of Europeanisation has been uneven.

EU membership has heightened the profile of the PM. Cameron visited the other Heads in 2016, to try and negotiate the terms of UK government. May now tries to do the day.

The foreign secretary is expected to support the PM. Attending meets of both councils. Other ministers attend the meetings in accordance to their department. The chancellor represents the UK in the council of finance ministers, econfin.

The council is largely a simple ratification body of legislation made by EU civil servants- known as a core per. A minister is unlikely to have expertise.

A cabinet committee on European affairs has been set up to develop UK policy towards the EU. A European global issues secretariat, in the cabinet office, seeks to co-ordnate the approach of different Whitehall departments to the role in the EU

Parliament examines EU legislation and ministers should not agree on new laws unless it has been debated or reviewed by the House of commons European scrutiny select committee. This is hard to perform due to the amount of legislation. The Lords Eu select committee produces report on developments of Brussels, but it lacks real influence.

Devolution adds another layer of complexity. Central government has to consult the administration stop produce an agreed negating position. A multi level governance. - shared between national and sub national and EU bodies

This is set to change with Brexit, May has set up two new central government departments on taking office- Exiting the EU and International trade. The EU usually does this for members, there Is conflict between Whitehall and trade department on taking control of economic diplomacy

Another minefield is the SNP-. The case for a second ref is that most voted to remain. Scotland cannot negotiate still a member of the EU.

Question 30

Outline some areas where EU holds supremacy, government does, and where it is shared

Answer 30

Eu-
Competition policy
Trade with non Eu states
Customs union

Eu and member states share power
- single market
social and employment policy 
-agriculture and fisheries 
- Regional development 
- Environmental policy 

EU co-ordinates the individual policies of members
- Common foreign and security
Some aspects of macroeconomic policy

Member states
-National defines 
- Most tax
- Health 
-Education 
_ Social security

Question 31

What is the difference between legal and political sovereignty

Answer 31

Legal sovereignty is a concept defined in law. The state or person with ultimate legal authority. Once exercised by monarch, no way parliament.

Political sovereignty- stands above legal. Legal sovereign body derives its authority from the people. The people are delegating their political authority. Parliament is accountable to the electorate.

Question 32

What developments have taken place that call into question the position of sovereignty, in the UK

Answer 32

The creation of the supreme court could be said to challenge parliamentary sovereignty. However , it derives its authority from parliament and it cannot bind a government

Devolution means new bodies have powers. Not federal. The Uk could abolish it.- unlikey

Referendums-
- Increased use since 1997. They are advisory, but it is unlikely they will ignore the will of the people. MPs are too afraid.

Human rights act-
Increased powers of judges. Cannot compels parliament to do so. Parliment should follow court of human rights- but has just ignored it.

EU membership
- Pooled rather than lost. It is voluntarily. Globalisation means compete sovereignty is not possible.

Question 33

Where can sovereignty still be said to lie in then hands of the UK and where can it not.

Answer 33

For

• Remains ultimate legal authority, with power to pass laws on any subject
• Can abolish devolved bodies-
• Judges cannot force parliament to implement rulings
• Parliament trained sovereignty in the EU- it was voluntary.

Against
- Parliemtn derives its authority from the people
- The executive rather than parliament holds the power
Legal sovereignty is too theoretical- it is essential impossible to remove any devolved body
- Globalisation makes sovereignty less meaningful.