C2: Relations between Institutions Flashcards
What is the key idea behind ‘fusion of powers’?
The idea is that the executive lies within the legislature. The judiciary also formerly laid within the legislature before the setup of the Supreme Court in 2009.
What is the legislature in the UK?
Parliament - both houses
What is the executive in the UK?
The Cabinet
What is the legislature in the UK?
The Supreme Court - formerly Law Lords
What changed about the judiciary in the Constitutional Reform Act 2005?
Lord Chancellor removed from being head of Judiciary - became Justice secretary (currently Alex Chalk)
New Supreme Court est. 2009
What is the role of the Supreme Court?
Highest court of appeal in the UK, vote on whether to accept or dismiss an appeal
In what ways is the Supreme Court independent and neutral?
Security of Tenure - Judges cannot be removed unless they break the law or age over 70
Immune from legal action regarding comments on cases
Salaries are paid automatically from Consolidated fund
Selection Commission is transparent when selecting judges
SC is physically seperate from Parliament and sometimes rules against it - 2019 Prorogation, 2017 Miller case
In what ways is the Supreme court not independent and neutral?
Narrowness in terms of diversity - 1 woman, all white, all but 2 Oxbridge educated
What is Judicial Review?
A process where judges decide if public bodies have acted unlawfully. They can declare that the government has acted ‘ultra vires’, beyond their powers.
What are some issues with Judicial review?
Unelected judges make decisions on elected bodies
Only 1/3 of actions reach the final hearing
Very few cases succeed
Enormous cost
Judges willing to intervene in public policy
In what ways is Parliament good at challenging the executive?
Legislation - Backbench rebellions can challenge the govt
Scrutiny - PMQs, Select Committees, Debates
Ability to remove ministers - Parliament can force vote of no confidence
In what ways is Parliament bad at challenging the executive?
Elective dictatorship - one extra seat gives the governmnent way more power to make policy
Legislation - Whips force MPs to vote along party lines, Salisbury convention limits HoL opposition
Scrutiny - Rarely leads to policy changes
What are the four freedoms of the EU?
Free movement of goods, services, people and capital throughout the single market
What was the main objective when setting up the EU?
Ever closer Union
What is Pooled Sovereignty?
States agree to collectively cede aspects of sovereignty to make collective decisions
What is Intergovernmentalism?
States agree to cooperate in specific fields while retaining their sovereignty.
What is a Supranational organisation?
An organisation that has authority exceeding that of a sovereign nation.
What are the five purposes of the EU?
Promote peace
Economic integration
Social policy
Political Union
Expansion
How does the EU fulfill its purpose of promoting peace?
Almost impossible for member states to go to war with each other
How does the EU fulfill its purpose of economic integration?
Shared currency, single market, no customs at borders.
How does the EU fulfill its purpose of social policy?
Social policy across the EU attempts to ensure fairness to all peoples within it - e.g. equal working rights
How does the EU fulfill its purpose of political union?
Balances institutions between Intergovernmental organisations and supranational organisations
How does the EU fulfill its purpose of expansion?
EU expanded after the Cold War to include former soviet bloc countries - e.g. Romania, Bulgaria, Hungary
What are the main institutes of the EU?
The European Commission
The European Council
Council of the EU
European Parliament
European Court of Justice
What does the European Commission do?
Proposes laws, enforces laws, prepares budgets.
Officials nominated by state governments.
What does the European Council do?
Takes strategic decisions (e.g. expansion).
Made up of the heads of government.
What does the Council of the EU do?
Decides whether to adopt legislation in cooperation with the European parliament - made up of ministers from member states
What does the European parliament do?
Co-decides legislation, accepts/rejcts nominations to the commission, votes on the budget.
What does the European Court of the Justice do?
Enforces law & resolves disputes
What is the difference between EU legislation & EU directives?
Directives often more vague - countries can opt out if they choose.
What is legal sovereignty?
The unchallengable right to establish any law you want
What is Popular sovereignty?
Sovereign power is vested in the people & those chosen to govern must excercise it in the interests of the people
What is political sovereignty?
Absolute political power, an unrestricted ability to act as one wishes. Often seen in dictators.
What are the 4 factors affecting UK sovereignty?
Devolution - devolved institutes have some power
Human Rights Act - need to comply with ECHR
Referendums - have to acknowledge the people’s will
EU Membership - had to conform to EU laws
