C2: Relations between Institutions

Question 1

What is the key idea behind ‘fusion of powers’?

Answer 1

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.

Question 2

What is the legislature in the UK?

Answer 2

Parliament - both houses

Question 3

What is the executive in the UK?

Answer 3

The Cabinet

Question 4

What is the legislature in the UK?

Answer 4

The Supreme Court - formerly Law Lords

Question 5

What changed about the judiciary in the Constitutional Reform Act 2005?

Answer 5

Lord Chancellor removed from being head of Judiciary - became Justice secretary (currently Alex Chalk)
New Supreme Court est. 2009

Question 6

What is the role of the Supreme Court?

Answer 6

Highest court of appeal in the UK, vote on whether to accept or dismiss an appeal

Question 7

In what ways is the Supreme Court independent and neutral?

Answer 7

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

Question 8

In what ways is the Supreme court not independent and neutral?

Answer 8

Narrowness in terms of diversity - 1 woman, all white, all but 2 Oxbridge educated

Question 9

What is Judicial Review?

Answer 9

A process where judges decide if public bodies have acted unlawfully. They can declare that the government has acted ‘ultra vires’, beyond their powers.

Question 10

What are some issues with Judicial review?

Answer 10

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

Question 11

In what ways is Parliament good at challenging the executive?

Answer 11

Legislation - Backbench rebellions can challenge the govt
Scrutiny - PMQs, Select Committees, Debates
Ability to remove ministers - Parliament can force vote of no confidence

Question 12

In what ways is Parliament bad at challenging the executive?

Answer 12

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

Question 13

What are the four freedoms of the EU?

Answer 13

Free movement of goods, services, people and capital throughout the single market

Question 14

What was the main objective when setting up the EU?

Answer 14

Ever closer Union

Question 15

What is Pooled Sovereignty?

Answer 15

States agree to collectively cede aspects of sovereignty to make collective decisions

Question 16

What is Intergovernmentalism?

Answer 16

States agree to cooperate in specific fields while retaining their sovereignty.

Question 17

What is a Supranational organisation?

Answer 17

An organisation that has authority exceeding that of a sovereign nation.

Question 18

What are the five purposes of the EU?

Answer 18

Promote peace
Economic integration
Social policy
Political Union
Expansion

Question 19

How does the EU fulfill its purpose of promoting peace?

Answer 19

Almost impossible for member states to go to war with each other

Question 20

How does the EU fulfill its purpose of economic integration?

Answer 20

Shared currency, single market, no customs at borders.

Question 21

How does the EU fulfill its purpose of social policy?

Answer 21

Social policy across the EU attempts to ensure fairness to all peoples within it - e.g. equal working rights

Question 22

How does the EU fulfill its purpose of political union?

Answer 22

Balances institutions between Intergovernmental organisations and supranational organisations

Question 23

How does the EU fulfill its purpose of expansion?

Answer 23

EU expanded after the Cold War to include former soviet bloc countries - e.g. Romania, Bulgaria, Hungary

Question 24

What are the main institutes of the EU?

Answer 24

The European Commission
The European Council
Council of the EU
European Parliament
European Court of Justice

Question 25

What does the European Commission do?

Answer 25

Proposes laws, enforces laws, prepares budgets.
Officials nominated by state governments.

Question 26

What does the European Council do?

Answer 26

Takes strategic decisions (e.g. expansion).
Made up of the heads of government.

Question 27

What does the Council of the EU do?

Answer 27

Decides whether to adopt legislation in cooperation with the European parliament - made up of ministers from member states

Question 28

What does the European parliament do?

Answer 28

Co-decides legislation, accepts/rejcts nominations to the commission, votes on the budget.

Question 29

What does the European Court of the Justice do?

Answer 29

Enforces law & resolves disputes

Question 30

What is the difference between EU legislation & EU directives?

Answer 30

Directives often more vague - countries can opt out if they choose.

Question 31

What is legal sovereignty?

Answer 31

The unchallengable right to establish any law you want

Question 32

What is Popular sovereignty?

Answer 32

Sovereign power is vested in the people & those chosen to govern must excercise it in the interests of the people

Question 33

What is political sovereignty?

Answer 33

Absolute political power, an unrestricted ability to act as one wishes. Often seen in dictators.

Question 34

What are the 4 factors affecting UK sovereignty?

Answer 34

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