4 Government Branches Flashcards
What is the Supreme Court and why was it made?
The Supreme Court is the highest court in the UK and was created to separate the UK judiciary from Parliament so the judiciary can easily check the power of parliament and the executive
What are the roles of the Supreme Court?
To defend the rights and liberties of citizens law-enforcement and applying EU law and the human rights act
Appear on cases where there are issues of public significance
Make sure government is acting within the law
How does the Supreme Court defend right liberties of citizens?
Is the rule of law to provide a wide range of protection of citizens rights
human rights act of 1998 includes freedom such as the right to life and Right fair trial
Eu laws protected by Supreme Court and is outlined
judicial review and natural justice
How does the Supreme Court enforce law?
It’s uphold law and rights when challenged such as the rights given by the freedom of information act
How does the Supreme Court challenge government decisions?
It can rule against government laws and declare them illegal
Can declare government decisions incompatible with the European Convention of human rights?
What is the Supreme Court composition?
Has 12 judges and 10 justices
Constitutional reform act of 2005 replace the law Lords
They have a term limit but must retire at 70
Saw the Supreme Court principles
Judicial independence is the principle that judges are free from political pressure because they are independent of the executive legislator
They must be judicial neutrality they must be politically neutral and mustn’t be involved in any party politics
How are judges neutral and independent?
Neutral as they can’t engage in political activity and express political views
Shortlisted by an independent selection committee and government has limited say
They have security of tenure which prevents government from punishing judges based on their rulings
Salary paid by consolidated fund
How are judges not independent?
Judge is not balanced, demographically majority of them being male or white and middle
Most of them privately educated and attended Oxbridge
Court Dominated by men 10 to 2
Nominations to the Supreme Court have to be approved by the justice secretary
How does the Supreme Court have influence of a parliament and exec
They have influence over a judicial review. They can only overturn secondary legislation.
They can overturn legislation because of the principle of Ultravate if someone is acting beyond their powers
They can oppose government decisions Supreme Court can make rooting based on human rights act and uphold decisions
Explain the miller case in 2017 and if they were against or for the government
Against the government
The judgement was only parliament must consent to government negotiations to withdraw from the EU as Parliament decided to join the EU in the first place
Explain the Miller case in 2019 and whether it was for or against the government
It was against the government and the judgement was that Boris Johnson acted like a ultra via and the decision was that he acted illegally by suspending Parliament in 2019 to ensure he faced no scrutiny over Brexit
Explain the unison case in 2017 case and whether it was against or for the government
It was against the government. The judgement was that the government’s decision to introduce fees for employment tribunal’s risks denying people access to justice.
Explain the AM home department 2020 case and whether it was for against the government
It was against the government and the judgement was the man could not be defended as his life would’ve been shortened by not having treatment for HIV
Explain the Shamima Begum 2021 case and whether it was four or against the government
It was for the government and the judgement was that Beham wasn’t allowed to return to the UK as she joined Isis and was a risk to national security
What is the European Union?
The European Union is in economic and political union of 28 countries in Europe based on the free movement and people goods and services between state
What are the EU four freedoms.
Free movement of good
Free movement of
Free movement of work
Freedom to provide an established services
What are the policies and objectives of the European Union starting with monetary union?
It introduced the euro and there was a creation of the European central bank setting common interest rates
Successful as it’s the second biggest economy 19 EU member states replaced their own currency for Euro
In what way did the EU policy and objective of monetary union become a failure?
Austerity programs demanded by European central bank were unpopular in Greece, Italy, and Spain
What are the policies and objectives of the European Union starting with social unity?
The masstricht treaty included a social chapter which established common rights for all workers from health, safety and discrimination
it’s been a success as full freedoms have provided freedoms of cross Europe and allow people to study live work in any member state
What are the policies and objectives of the European Union starting with protection of human rights?
A charter of fundamental rights created in 2000 became legally binding in 2009
it’s been successful as a encouraged democracy in eastern Europe has become a charter of fundamental freedoms has entrenched civil liberty
What are the policies and objectives of the European Union starting with political union?
The European Union was formed in 1992 it was previously vetoed in the council of ministers and European Council Limited since 1986
28 members by 2018 and has led globally on climate change
In what way did the EU policy and objective a political union become a failure?
Some countries like Hungary may be less democratic than desired as they have little shared European identity
What are the policies and objectives of the European Union starting with common foreign and defence policy?
The mastricht and Lisbon treaties confirmed this and created a president of the European Council
The success of this the EU impose the strongest sanctions in its history on Russia after it’s invaded Ukraine in 2022
In what way to the EU policy an objective of common foreign and defence policy become a, failure
It’s difficult to achieve a united response to issues due to its diversity. The migrant crisis has exposed different responses from countries.
Should the UK have voted to leave the EU for?
Eu regulations costed £33 billion a year
British trade with the EU as declining and global trade may be better for Britain in 2000 6EU accounted for 54% of Britain’s trade by 2016 accounted for just 43%
Britain loses out on the common agricultural policy 38% of the EU’s budget was spent on farming but 1.1% of UK or farmers Britain is a contributor and lost 8 .9 billion a year to the EU
By 20 17 3.8 million people in the UK were citizens of another country
EU law is taking presidents of the UK law as the factor 10 case proved this undermines Parliamentary sovereignty
Should the UK have voted to leave the EU against?
Workers rights were protected by the European charter of fundamental freedoms. British people are guaranteed a maximum 48 hour working week and four weeks paid holiday a year due to the working time directive.
The Social chapter of the masters treaty safeguards workers rights such as maximum 48 hour week and four weeks paid holiday
My current workers paid 14 .7 billion in tax and claims only two .6 billion in benefits in 20 1314 they contributed more in tax than they claimed and benefits
Duty free access to the world second biggest economy it was cheap to buy and so and from the EU
Students can study freely in the EU and entrepreneurs can set up businesses anywhere in the EU due to the freedom of movement
EU shared values of human rights, democracy and rule of across Europe and has maintained peace and stability in Europe
What is political sovereignty?
Refers to sovereignty being exercised by the public, i.e. British public choose their government
What is legal sovereignty?
It’s the absolute right that every parliament has to enact whatever legislation it chooses
What does AV dicey believe in?
Low power lie in Parliament and that no one can override the laws
There is the rule of law indicating that no one is above the law
Why is the UK viewed as a unitary state?
All power lies in one place, which is Westminster
Why is there no low higher than parliamentary statue?
Judges do not have the ability to strike down Parliamentary statue
Why is parliament legally supreme?
Parliament has ultimate supremacy as stated by the act of parliament
