4. Relationship Between the Branches Flashcards
Define Sub Judice
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
What act granted Supreme Court justices ‘security of tenure’ ?
Act of Settlement 1701
When did the Supreme Court open?
2009
When did David Cameron breach the principle of Sub Judice
2014
When was the Justice Cantley case?
What individuals were involved and why was it controversial?
1979
Jeremy Thorpe v Norman Scott
Cantley made prejudiced comments directed at Norman Scott during the presentation of the case.
When did the Supreme Court justices rule in favour of detainees of the Guantanamo bay prison in America, despite government pleas of National Security?
Al Rawi Case of 2011
What is the name of the commission that nominates members for the Supreme Court?
Why is the Supreme Court’s independence still questionable?
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.
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?
2004
- 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.
- The Government excepted the ruling but they then passed an Act of Parliament which enabled them to monitor the whereabouts of foreign terrorists.
Define: Ultra Vires
The principle that ‘one has acted beyond ones authority’. - the Supreme Court can call out a body for overextending their power
Define: Judicial Indepedance
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.
Give an example of the Supreme Court using Ultra Vires
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.
When was the Gina Miller case and why is it important?
Give details of the case:
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.
What is a key shortcoming of the Supreme Court when it comes to controlling government power?
Cases have to be bought to them
Define: Judicial Neutrality
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.
Tony Blair individual decision to invade Iraq is an example of what?
Royal prerogative - Commander-in-chief
Give two examples of the changing nature of royal prerogative: Commander-in-chief
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.
Why has the House of Lord become more self-confident and assertive?
Give an example of them turning away government legislation.
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.
How many Conservative MPs rejected her Shop-bill? Why is this shocking?
72 MPs, she had a 144 seat majority at the time.
What two important changes did the Wright Reforms (2010) impose?
- Backbench Business Committee
2. The chairs of Departmental select Committees are now elected via a secret ballot
Why is the Factortime Judgement important?
Give details of the case.
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.
What did the UK parliament enacting legislation to leave the EU indicate?
Parliamentary sovereignty was not so lost to the extent they couldn’t leave.
When was the Human Rights Act and what did it do?
1998 - adopted the European convention on Human rights into British law
Only a tiny number of British inmates can vote - what does this illustrate?
The UK maintains its sovereignty and can amend the Human Rights Act.
What are the four freedoms?
The free movement of goods, services, capital and people.
