5. Relations between Institutions

Question 1

What is the 2005 Constitutional Reform Act?

Answer 1

An act of reform passed which recognised the importance of a separation of powers

Question 2

What did the 2005 Constitutional Reform Act do?

Answer 2

Creation of the Supreme Court
Reformed the role of the Lord Chancellor
Changed method of appointment for judges

Question 3

What is the separation of powers?

Answer 3

Legislature
Executive
Judiciary

Question 4

What is a fusion of powers?

Answer 4

There is overlap between the three branches of government in which members of the executive are also in the legislature

Question 5

When was the Supreme Court introduced?

Answer 5

2009

Question 6

Why was the SC introduced?

Answer 6

End the fusion of powers at the highest level of the judiciary

Question 7

What actually is the SC?

Answer 7

The Supreme Court is the highest level of appeal.

Hears cases of appeal and cases which are a matter of public and constitutional importance

Question 8

Why was the SC created?

Answer 8

Bring about greater transparency in the court systems

Question 9

How did the Lord Chancellor’s role change?

Answer 9

The role originally combined three functions which were: Cabinet minister, Chairman of the HOL and the Head of the Judiciary.
Now the LC is a Cabinet Minister and the JAC selects judges.

Question 10

How are judges to the Supreme Court appointed?

Answer 10

12 members
Previously appointed by the monarch on advice of the PM and LC in secret soundings.
Now, they must have held a high judicial office for at least two years or been a qualifying practitioner for 15. Appointed by the JAC

Question 11

What is the composition of the Courts?

Answer 11

3261 Judges in the UK 
879 female 
2813 are white 
1534 60+ year olds 
Male dominant and white from Oxbridge University

Question 12

Composition of the Supreme Court

2018 April

Answer 12

12 Justices 
10 independent secondary school 
10 Oxbridge 
2 females 
69 as average age

Question 13

Role (s) of the Supreme Court

Answer 13

Dispensing Justice
Interpretation
Creating Case Law 
Declaring Common Law 
Judicial Review 
Public Inquiries 
Sentencing Issues 
External Jurisdiction

Question 14

What is judicial review?

Answer 14

The process by which judges review the actions of public officials or bodies in order to determine whether they have acted in a manner which is lawful

Question 15

What is the Rule of Law?

Answer 15

A.V Dicey
No one can be punished without a trial
No one is above the law and all subject to the same justice
General principles of the constitution result from the judges’ decision rather than parliamentary statute

Question 16

What is Judicial Independence?

Answer 16

Rule of Law demands that judges should operate with a high level of independence:
independent from other branches of government

Question 17

Why is an independent judicial branch needed?

Answer 17

If they are not, there is a danger that government will exceed its own powers without any legal punishment
Citizens need to feel that cases will be dealt with justly
Should not be influenced by short-term changes in public opinion

Question 18

How is Judicial Independence maintained?

9

Answer 18

Separation of Powers
Security of Tenure 
Salary 
Freedom from criticism 
Independent Legal Profession 
Judicial Criticism of the government 
Judicial Appointments
Right of Appeal
Judicial Review

Question 19

How is Judicial Independence threatened?

Answer 19

PM role in appointments
Political Dialogue 
Justice Ministry 
Cross over of elites 
Inevitable overlap
Prime Minister and politicians threaten constitutional independence

Question 20

What is judicial neutrality?

Answer 20

Requires judges to be free from political bias or any other bias due to the Rule of Law stating everyone should be treat the same

Question 21

How is judicial neutrality maintained?

Answer 21

Judges are relatively anonymous 
Restricted from being too political 
Private in their opinions 
Highly trained 
Refuse to sit a case involving people they know

Question 22

What is the Griffith Theory?

Answer 22

John Griffith 1997
Social background of judges would influence the decision they made
Authoritarian nature of government
White and male stereotype

Question 23

What does ‘ultra vires’ mean?

Answer 23

‘Beyond the powers’

Used in interpreting the 1998 HRA act

Question 24

Declarations of Incompatibilities

Answer 24

Declare legislation incompatible with the 1998 HRA in judicial review but cannot strike it down due to the doctrine of parliamentary sovereignty

Question 25

Al Rawi Case and Secret Hearings

Answer 25

2011
US Prison inmates in Cuba who claimed UK Security had contributed to their detention and mistreatment
Argued that the interest of national security means evidence should be given in secret
Supreme Court rejected this idea as it breached principles to a fair trial

Question 26

Maria Miller V Secretary of State

Answer 26

2017
Government need the authority to trigger the process of leaving the EU (Article 50)
Supreme Court ruled in favour

Question 27

What is an elective dictatorship?

Answer 27

A government that has a majority and dominates Parliament

Question 28

How can Parliament influence government legislation?

Answer 28

Rebellions have became more prominent
Opposition
Free vote
Pressure of party discipline

Question 29

What was the 2007 Lisbon Treaty?

Answer 29

European Council became permanent

Charter of Fundamental Rights which the UK rejected as legally binding

Question 30

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

Answer 30

EU law takes supremacy over domestic law in the UK

Question 31

Where has there been an exception to EU law taking priority?

Answer 31

2005 right of prisoners to vote in which the UK did not adopt the ECHR ruling

Question 32

What is legal sovereignty?

Answer 32

Right to ultimate legal authority in the political system - Parliament

Question 33

What is political sovereignty?

Answer 33

Ultimate political power

Electorate holds this power and delegates this to Parliament

Question 34

What is the doctrine of parliamentary sovereignty?

Answer 34

Parliament has the ability to make, amend or repeal any law it wishes.
No Parliament can bind its successor.
No other institution can challenge an Act of Parliament
Devolution can be reversed
No higher authority than Parliament

Question 35

Limits to Parliamentary Sovereignty

Answer 35

Legal sovereignty affected as EU law takes supremacy
Judiciary interprets laws as far as possible and can declare them incompatible with the 1998 HRA
Fusion of powers been executive and legislature
Devolution is now a part of the constitution and more powers have been continually devolved
Electorate need to be catered for due to fears of re-election

Question 36

How is Parliamentary Sovereignty not limited?

Answer 36

UK will leave the EU but rather membership enhanced sovereignty as the UK has pooled its sovereignty
Supreme Court cannot strike down laws
HRA can be repealed
PM with a large majority means scrutiny is escaped
UK remains a unitary state regardless of devolution
Popular Sovereignty is not absolute

Question 37

What is the Social Chapter?

Answer 37

EU measure to protect workers’ rights.

Blair signed UK up to this in 1997

Question 38

Factortame Case

Answer 38

1988
Claims UK had breached EU law
ECJ ruled UK must set aside Merchant Shipping Act as it conflicted EU law
Law Lords nullified the Merchant Shipping Act in a decision between parliamentary sovereignty and EU legislative supremacy
Argued they were upholding the will of Parliament in upholding membership to EU