4. Relationship Between the Branches

Question 1

Define Sub Judice

Answer 1

The principle whereby Members of Parliament can’t discuss court cases whilst they are being heard.
This is meant to protect the principle of Separation of Powers

Question 2

What act granted Supreme Court justices ‘security of tenure’ ?

Answer 2

Act of Settlement 1701

Question 3

When did the Supreme Court open?

Answer 3

2009

Question 4

When did David Cameron breach the principle of Sub Judice

Answer 4

2014

Question 5

When was the Justice Cantley case?

What individuals were involved and why was it controversial?

Answer 5

1979

Jeremy Thorpe v Norman Scott

Cantley made prejudiced comments directed at Norman Scott during the presentation of the case.

Question 6

When did the Supreme Court justices rule in favour of detainees of the Guantanamo bay prison in America, despite government pleas of National Security?

Answer 6

Al Rawi Case of 2011

Question 7

What is the name of the commission that nominates members for the Supreme Court?

Why is the Supreme Court’s independence still questionable?

Answer 7

Judicial Appointment Commission

The Lord Chancellor position was merged with the Justice Secretary. The Justice Secretary has no legal background and is a member of cabinet. However they can reject only one nomination.

Question 8

When was the Belmarsh Case? What two things happened and how do they illustrate the power dynamic between the Supreme Court and Parliament/Government power?

Answer 8

2004

1. The Supreme Court declared an official statement of incompatibility, when Tony Blair tried to pass legislation which would allow the UK to hold foreign terrorists without trial - against the European convention became British terrorists were not treated the same.
2. The Government excepted the ruling but they then passed an Act of Parliament which enabled them to monitor the whereabouts of foreign terrorists.

Question 9

Define: Ultra Vires

Answer 9

The principle that ‘one has acted beyond ones authority’. - the Supreme Court can call out a body for overextending their power

Question 10

Define: Judicial Indepedance

Answer 10

accented principle of the rule of law is that judges must be independent of control or persuasion by the executive or the legislature. Judges can only fairly administer justice if they are free to act without government pressure.

Question 11

Give an example of the Supreme Court using Ultra Vires

Answer 11

Chris Grayling tried to restrict civil legal aid within a piece of secondary legislation. The Supreme Court declared the issue was too big for it not to be debated in Parliament.

Question 12

When was the Gina Miller case and why is it important?

Give details of the case:

Answer 12

2017 - Firstly it illustrated how the Supreme Court has the power to determine where sovereignty lies. The case illustrated how sovereignty lies with Parliament not the Executive.

The judges decided it was Parliament who should/can enact the legislation that would allow the UK to leave the EU, not the government, as it was Parliament which joined in 1972.
Moreover it needed parliamentary consent and Brexit would impact citizens legal rights.

Question 13

What is a key shortcoming of the Supreme Court when it comes to controlling government power?

Answer 13

Cases have to be bought to them

Question 14

Define: Judicial Neutrality

Answer 14

The rule of law requires judges to be neutral: their judgments must never be influenced by any personal prejudice. Instead they must fairly interpret the law so it is applied impartially to all.

Question 15

Tony Blair individual decision to invade Iraq is an example of what?

Answer 15

Royal prerogative - Commander-in-chief

Question 16

Give two examples of the changing nature of royal prerogative: Commander-in-chief

Answer 16

David Cameron called the parliament to vote on getting involved in the Syrian Civil War
Theresa May did not consult parliament on an RAF bombing.

Question 17

Why has the House of Lord become more self-confident and assertive?

Give an example of them turning away government legislation.

Answer 17

The House of Lord Act reduced the number of hereditary peers and they also have lost their conservative dominance, thus granting them more legitimacy.

the EU (withdrawal) Bill of 2017 - secondary legislation faults.

Question 18

How many Conservative MPs rejected her Shop-bill? Why is this shocking?

Answer 18

72 MPs, she had a 144 seat majority at the time.

Question 19

What two important changes did the Wright Reforms (2010) impose?

Answer 19

1. Backbench Business Committee

2. The chairs of Departmental select Committees are now elected via a secret ballot

Question 20

Why is the Factortime Judgement important?

Give details of the case.

Answer 20

It established the fact that EU law should take precedent over British law. Critics were outraged as they said it undermined the democratic principles of Parliamentary sovereignty. British parliament legislation for/in the best interest of the British People.

In 1988, Spanish fishing company appealed to the House of Lords against the Merchant Shipping Act which had limited the use of foreign vessels to ship in British waters - this went against the EU Common Fisheries Policy.

Question 21

What did the UK parliament enacting legislation to leave the EU indicate?

Answer 21

Parliamentary sovereignty was not so lost to the extent they couldn’t leave.

Question 22

When was the Human Rights Act and what did it do?

Answer 22

1998 - adopted the European convention on Human rights into British law

Question 23

Only a tiny number of British inmates can vote - what does this illustrate?

Answer 23

The UK maintains its sovereignty and can amend the Human Rights Act.

Question 24

What are the four freedoms?

Answer 24

The free movement of goods, services, capital and people.

Question 25

What percentage of British trade was with the EU ( the worlds second biggest economy)?

Answer 25

In 2016 - 43%

Question 26

How much did EU immigrants pay the UK in the form of National Insurance and Tax?

how much did they receive in benefits?

Answer 26

14. 7 billion pounds.

2. 6 billion pounds

Question 27

What protects all EU workers?

Answer 27

The “Social chapter” of the Maastricht Treaty.

Question 28

When did many members attest adopt the Euro?

Answer 28

2002

Question 29

What agreement took away borders that needed passports, in some of the areas of the member states?

Answer 29

The 1985 Schengen Agreement.

Question 30

when did Westminster suspend Northern-Ireland powers?

Answer 30

2002-2007

Question 31

What did the Scotland Act of 2016 and the Wales Act of 2017 establish?

Answer 31

Recognised the permeance of their governments and how they can only be abolished with a referendum within their country.

Question 32

How do some political commentators describe the UK, due to devolution?

Answer 32

quasi-federal state