Branches Of Government Flashcards
The Supreme Court separation
Supreme Court was opened on 1st October 2009… est by constitutional reform act
Replacing the law lords
Constitutional reform act also changed the role of LC
- cabinet minister, who supervised the legal system (executive)
- chairman of sittings of the HoL (legislature) - removed… now chaired by lord speaker, chosen by peers
- head of the judiciary, who appointed other judges (judiciary) - removed, selected by indep judicial appointments commission
The Supreme Court’s role
UK does not have a unified legal system. Three different systems: one for eng and Wales, one for NI, one for Scot. Sup court is only UK-wide court, acts as a full court of appeals for rulings made by lower courts.
Sup court is the final court of appeals for criminal cases in England, Wales and NI, and for civil cases across the whole of the UK.
Also hears appeals on arguable points of law where matters of the wider public and constitutional importance are involved.
Had the respon to interpret laws passed by the EU.
The court also makes rulings on cases where the devolved authorities in Scotland, Wales and NI may not have acted w/in their powers for ex Scot + trans laws, attempting to call indyref2
Appointments of members of the Supreme Court
Consists of 12 members… although an odd number of justices always hear cases so a verdict can be reached. Most cases 5 or 9 take part; reflecting the importance, 11 took part in the 2016-17 review of the High Court ruling that parl rather than gov should initiate the UK’s exit from the European Union
Most sr figure is appointed as the pres … currently Lord Reed
Only 2/12 = women coined by the time ‘male,pale and stale’ … can only sit in Lords once term is over
Sup court will have either served as a sr judge for two years, or been a qualified lawyer for at least 15 years… og membs were former law lords
When a vacancy occurs, noms are made on an indep 5-memb select commission, consisting of the pres and dep of SC, memb of the judicial appointments com & a memb of each equiv bodies for Scot & NI.
LC either confirms or rejects name put forward.. although can’t do repeatedly. Appointment conf by PM + monarch
Judicial neutrality
The expectation that judges will exercise their functions w/out personal bias. The code of conduct of the sup court lays down a no. Of ways in which impartiality should be safeguarded.
Conflicts of interest- Judges must refuse to sit in a case that involves a family memb, friend or professional assosciate, which might give rise to doubt about the justices detachment
Public activities- judges may write and give lectures as part of their function of educating the public, and they may involve themselves in charitable and voluntary activities, but they must avoid pol activity. A judge may serve on an official body such as a government com, provided it does not compromise their political neutrality
Sup court neutrality
The sup court is more transparent in explaining its rulings than its predecessors. Its websites carries full details of its decisions, and reasoning behind them, allowing for greater public scrutiny.
Court welcomes visitors and proceedings are televised over the internet.
How neutral is the Supreme Court?
The narrowness of the sup court’s composition in terms of gender, social and ed background is a real concern. This reinforces a long-standing anxiety about the sr judiciary as a whole- disproportionate no of white, privately educated men
Only one female member was sig in the case of Radmacher v Granatino (2010)… case ab a prenuptial agreement between marriage partners, in which a majority of the sup court justices upheld the principle that claims made in the event of a divorce should be limited to. Lady Hale was the only one of 9 judges to dissent the majority verdict. She gave as her reason the likelihood that the vast majority of ppl who lose out as a result of the precedent would be women. In an interview in 2015, lady Hale called for an effort to promote greater diversity of background in appointments to the SC. Pointed out that the 13 judges sworn in after her own appointment, all white, male, all but 2 went to indep schools, all but 2 ox + cam
Judicial independence
The principle that judges must be free from political interference. This is vital because they may be called to administer justices in cases where there is conflict between the state and an individual citizen. People must know that they will receive impartial justice & judges needed to be confident they can make a decision w/out fear that their career prospects will suffer
How is judicial independence guaranteed?
Terms of employment- judges cannot be removed from office unless they break the law. Only limit is the retirement age of 70. AKA security of tenure. Judges are also immune from legal action arising from ant comments they make on cases in court
Pay- judges salaries are paid automatically from an indep budget known as the Consolidation fund, w/out the possibility of manipulation by ministers
Appointment- the judicial appointments commission and the selection commission for the sup court are transparent in their procedure and free from pol int
Sup court = physically sep = sign of indep
How indep is the sup court?
Most aspects sup court is indep of gov. However, some concerns raised in 2011 by its first pres, Lord Phillips on sub of funding.
Came in response to the spending cuts imposed on the court system as part of coalition govs strategy to eliminate the budget deficit.
Lord Phillips argued the indep of the court was at risk unless it could be allocated pre-set, ring-fenced funding. Justice sec, Kenneth Clarke, dismissed this. SC = indep of pol int and that the gov wld accept its judgments, even those that went against it.
Influence of the sup court on the executive and parl?
One of most important roles of sup court is to interpret the HRA. If it believes a bit of UK leg is against the ECHR it can issue a ‘declaration of incompatibility’. Expectation that parliament will mod law to bring it into line w/ convention.
However, the doctrine of parl Sov means the Supreme Court court doesn’t have the power to strike down legislation… bc no codified constit… power = lim
Instead sup court has power of judicial review … court can inquire whether mins have followed correct procedures in the way they implemented leg. It can examine the actions of public bodies to investigate whether they have acted beyond their powers.
The right of sex offenders to appeal against registration for life, 21st April 2010
The gov’s pos was that indivs who had com serious sexual offences in England and Wales must register w/ the police for life after being released from prison.
Sup court ruled that this breached their HR and that they should have the right to appeal against registration 15 years after leaving jail.
Infuriated gov + pol who argued that dangerous indivs do not change their behaviour. Given public concern over the safety of children, this was a partic sensitive issue
The HS2 rail link, 22 Jan 2014
Campaigners ag the govs planned London to Birmingham high speed rail link requested a judicial review to investigate whether the project complied with EU environmental directives.
The sup court unanimously dismissed the appeal on the grounds that parl has not yet reached a final decision on the scheme and so merits remained open to debate
Examples of an ‘elective dictatorship’ - Lord Hailsham
2003 Blair gov (elected 2yrs earlier on 40% of vote) first attempted to abolish the post of LC w/out prior consultation. On meeting constitutional difficulties with its plans, it carried out drastic remodelling of the office in the 2005 constitutional reform act
2011 the coalition gov, created the previous year through an agreement that had not been put b4 the electorate, passed the Fixed Term Parliaments act
DC, backed by the leaders of labour and LD parties offered to devolve more powers if the Scot ppl rejected indep in the 2014 referendum
Executive dominance has arisen because of a no. Of factors
The FPTP electoral syst- tends to deliver single-party gov, sometimes enjoys the benefit of a large parliamentary majority based on a small share of a pop vote
The whip system and PMs use of patronage, which reinforce party loyalty and discipline
Gov domination of the legislative timetable
The use of the Salisbury convention and parl act to limit opposition to a govs programme from HoL
Bc of uncodified constit.. whoever controls the commons is the dom force in politics system
Parliament’s influence over government legislation
Parl Rebs have become more common in recent years.. defeats for gov measures are rare. Blair did not lose a vote in the commons until after 2005 election, when his majority dropped by 100 seats, even then took a combination of Lab Rebs + opp parties to defeat plans to extend detention of ter susp to 90 days.
More commonly, a gov that fears defeat will withdraw as a contentious measure… July 2015 DC shelved plans for relaxing the ban on hunting after the SNP made it clear they would vote against.
Sometimes a free vote eg DC + gay marriage
Normally pressure of party discipline + loyalty ensure that a gov secures the passage of even the most controversial parts of its programme. Dec 2010 vote to increase student tuition… LD abandoned an elec prom. Certain issues MPs can rely on on sup from opposition MPs… Blair won votes on the renwal of tried nuclear weapon syst in 2007 cons sup cancelled out Rebs on his own side
Lords become incr willing to oppose gov measures aft removal of here’d peers… will normally defer to parliament as unelected e.g ‘sunset clause’ in 2005 prevention of terrorism act
Parliament’s scrutiny over other gov activities
Changes to select coms, notably 2010 dec to allow MPs to elect chairs has enhanced their status. However resources still limited and ministers can block the appearance of officials as witnesses, gov have to respond to select com reports, dont have to act.
PM appears twice a year at the Liasion com, consists of chairs of select com. PM is more likely to be treated leniently by chairs in their own party.
Select com prov more in-depth scruting than theatrical PMQs + more prac than ministerial qs.
Debates on major events, military act in Syria 2013, can occasionally lead to gov defeats- poor management by gov whips.
OPP days- 20 days a year, backbench business committee… scheduled debates on topics gov wld not have held… cross party
Parl ability to remove gov + mins
No confidence- been limited… not happened since march 1979
By making a vote of confidence as JM did on the 1993 Maastricht treaty… can play down opp, MPs will not risk calling a GE where they may lose their seats
Fixed terms parl act intro safeguards for the exec, allowing the PM 14 days to form a new gov
Some Indiv mins careers have ended as a result of crit from MPs, parl pressure has been supplemented by media pressure. Alastair Campbell’s rule ab adverse publicity caused the downfall of peter Mandelson, Charles Clarke, Maria miller and others.
DC premiership was ended by the defeat of the ‘remain’ side
