Judiciary and relationship with other branches Flashcards
How was the judiciary made independent?
Constitutional reform act 2005 created the supreme court (it opened in 2009), abolishing the Law lords
What examples are there of public enquiries held by judges?
Leveson Enquiry: investigated the conduct of the media following the phone hacking scandal, leading to OFCOM.
Chilcot Report: investigated the conduct of Tony Blair in commissioning the Iraq War, as well as the UK’s role.
MacPherson Enquiry: investigates possibility of institutional racism within the Met Police following murder of Stephen Lawrence.
what is an example of a declaration of incompatibility?
In 2004, the New Labour government decided to indefinitely hold foreign terror suspects in Belmarsh Prison without trial. The Act allowing them to do so was found to be in conflict with the ECHR, and as such it was amended to permit the government to use control orders.
What was the disputed element in the Case of R v Gnango (2011)?
It was disputed as to whether a man who had been shooting at another person could be charged with murder of a passer-by when the other gunman had killed her. A case of joint enterprise, Gnango was eventually convicted of murder.
What was the disputed element in the case of Abu Qatada v UK (2012)? What was the outcome?
It was disputed as to whether Abu Qatada could be deported to Jordan to face criminal proceedings as there was a possibility of interrogation by torture which could result in his death. It was decided that any deportation would come in contravention to the ECHR and as such it would be delayed.
What was the disputed element in the case of R v Hughes (2013)?
It was disputed as to whether an uninsured and unlicensed driver could be guilty of death by dangerous driving when involved in a fatal collision which the deceased driver was responsible for (under the influence of drugs). It was ruled that the defendant could be guilty of murder in accordance with the law even though the SC was unhappy with the statute leading to this decision.
what ensures that the judiciary are independent?
security of tenure, (can’t be removed by govt), security of pay, non-political appointments
What are the supposed constitutional impacts of Brexit?
The UK’s exit from the EU means that pooled sovereignty at Brussels is returned to Westminster, that EU law is no longer part of UK law, that the UK is no longer subject to EU treaties and that the European Court of Justice no longer has jurisdiction in the UK.
What evidence is there that sovereignty is being restored to Parliament in some areas?
Parliament has regained the ability to sanction military action through convention rather than it be a prerogative power, the FTPA 2011 means that Parliament can grant early General Elections, the HoL is now more active to obstruct Executive actions.
What evidence is there that Parliament is sovereign?
parliament could effectively reverse devolution, the UK doesn’t have to conform to ECtHR rulings
What evidence is there that Parliament is not sovereign?
The Executive can dominate Parliament as long as it has a mandate and majority, Parliament’s hands were tied with the implementation of the Brexit result, the ECHR is increasingly entrenched in UK law and, as such, is binding on Parliament.
When has a clear government majority been used to assert the dominance of the Executive in Parliament?
The Points Based Immigration system and the EU Future Relationship Bill were both passed by large Conservative majorities in 2020
When has a Government lacked a clear Commons majority?
The 2010 Coalition government had no stable majority to pass bills desired by either side, meaning that legislation had to be passed on the basis of compromise. Furthermore, from 2017-19, the DUP were used as part of a confidence and supply arrangement with a weakened Conservative Party.
What examples are there of a united party behind a strong leader/ideology being able to dominate Parliament?
Thatcherism within the Conservative Party of the 1980s, the Brown/Blair New Labour Years, post-war Labour welfare and current Euroscepticism have all seen domination of Parliament by united parties.
How many government defeats by the Lords occurred in 2019/20?
In 2019/20, 53 government defeats of the Lords occurred.
