Paper 1: Prime Minister and the Executive Flashcards

Question

Is parliament out of date? Checks and balances (scrutiny)

Answer 1

HofL aren't elected so can't be held accountable for their scrutiny However many are professional in their areas so deserve to be there HofL doesn't have power to stop laws permanently

Answer 2

Appointing and dismissing ministers and conducting regular reshuffles Head of civil service and choses senior judges and senior bishops of CofE

Answer 3

PM solely responsible for calling and chairing Cabinet meetings Appoints all members of Cabinet and decides their term of reference

Answer 4

Also responsible for appointments of senior military officers, governor of Bank of England, members of governing bodies of BBC and IBA Advised monarch on who should be on Honours list

Answer 5

Expected to speak in debate in response to Queen's speech Has to comment at the start of each parliamentary session if been to international conference Has to answer PM's questions Overall control of govts strategy in both houses

Answer 6

PM is sovereign's principal advisor | Has weekly meeting with Queen and occasionally advises the Queen who is constitutionally obliged to follow it

Answer 7

PM become media superstar attracting lots of media attention, is a significant aspect of PMs success or failure

Answer 8

Owes position as PM to party Much of media portrays election as battle between PM and leader of the opposition rather than between parties Support of party not guaranteed though

Answer 9

Directs govt. agenda Authority to be involved in policy areas of choosing Takes key role in times of crisis

Answer 10

Ruling party Royal prerogative Popular mandate Parliament

Answer 11

Can only survive id they have confidence of cabinet and parliament, if cabinet overrules PM, nothing she can do When majority is low the PM can never rely on parliamentary approval When leader loses public confidence, become an electoral liability

Answer 12

Has effectively become Head of State + leader of nation Has extensive network of personal advisers, think tanks etc. Has growing importance in the media Growth in importance in foreign and military affairs

Answer 13

Inc. most senior ministers in the govt. Normally each govt. dept. has most senior minister and secretary of state and is member of cabinet Not all members of cabinet are heads of govt. depts. some have other responsibilities e.g chief whip and HofC leader

Answer 14

Do they choose balanced cabinet which contains variety political opinions or one that's ideologically limited

Answer 15

A system of govt. where the cabinet is the central policy-making body

Answer 16

Power of PM has grown in contrast to collective power of cabinet in previous years Cabinet has become a 'network' with meeting being ceremonial and the real work occurs elsewhere so cabinet's involvement is minimal Shift in policy making functions to 10 Downing St. MP still conducts much govt. business e.g Tony Blair - sofa politics

Answer 17

Settle internal conflicts (to and extent) They present policies instead of formulating them as they previously did Deal with domestic emergencies e.g terrorist attacks Legitimise policy, sometimes there's a vote Settle ministerial disputes i.e different heads of dept. aren't getting along

Answer 18

PM patronage means they are dominant, most posts are determines by PM so need to stay loyal Most decisions are made in committee which isn't part of cabinet Meetings are shorter and stage managed, can be as short as 45 mins so not much work done in a meeting

Answer 19

Divides PMs into 4 groups based on their styles | Reformers, egoists, balancers and innovators

Answer 20

Seek power in order to achieve particular programme of public policy Largely dictated by ideological agenda of own political party

Answer 21

Fight to become PM | In order to achieve a programme they have crafted they are prepared to push their party into supporting them

Answer 22

Seek to maintain stability in society and ameliorate tensions and avoid policies that prove socially divisive

Answer 23

Seek power for sake of having power Principally concerned with here and now politics, operating to maintain position at 10 Take whatever action necessary to protect their position

Answer 24

Meetings held in case of emergencies | Stands for: Cabinet Office Briefing Room A

Answer 25

1st October 2009 under the Constitutional Reform Act 2005

Answer 26

Designed to end fusion of powers as previously 'law lords' had sat as members of HofL so the supreme court created a greater transparency and bring UK into line with most other Western countries

Answer 27

Historic office used to combine being cabinet minister (executive) chairman of sittings in HofL (legislature) and head of judiciary (judiciary) Act removed last 2 responsibilities from chancellor Lords no chaired by lord speaker and judges are selected by independent Judicial Appointments Commission

Answer 28

Only UK-wide court and acts as final court of appeal for rulings made by lower courts Hears appeals on arguable points of law where matters of wider public and constitutional importance are involved Until UK leaved EU, court has power to interpret law passed by EU

Answer 29

Hears appeals on immigration, social security cases etc.

Answer 30

Hears less serious criminal cases such as motoring offences

Answer 31

Hears civil cases, such as compensation for injury

Answer 32

Criminal courts that hear appeals from magistrate's courts, hold jury trials and carry out sentencing of serious cases

Answer 33

Hears appeals from the Crown Court

Answer 34

Hears appeals form the High Court, tribunals and in some cases form County Courts

Answer 35

Consists of 3 main divisions: Queen's bench: contract law, personal injury Family- divorce , medical treatment Chancery- business law, probate, trusts High court also supervises courts lower in the hierarchy

Answer 36

12, although cases are always heard by an odd no. of justices so a majority verdict can be reached Normally 5 or 9 cases take part, depending on the importance of the case 11 took part in High Court reviewing that parliament, rather than govt. should initiate UK's exit of EU

Answer 37

Lord Neuberger | Only female is Lady Hale

Answer 38

Usually have served as a senior judge for 2 years or been a qualified lawyer for at least 15 Original members were former law lords who moved from HofL to new premises

Answer 39

``` When vacancy appears, nominations are made by independent 5-member Selection of Commission Lord Chancellor (a.k.a justice secretary) either confirms or rejects the person put forward Appointment then confirmed by PM and then by monarch ```

Answer 40

Expectation that judges will exercise functions without personal bias Code of conduct of Supreme Court lays down a no. of ways in which impartiality is safeguarded

Answer 41

Judges must refuse to sit in a case that involves a family member, friend or professional associate which might given reason to doubt their neutrality

Answer 42

Judges may write and give lectures as part of educating the public and may involve themselves in charitable and voluntary activities but must avoid political activity Judge may serve on govt. commission provided it doesn't compromise their political neutrality

Answer 43

Principal that judges must be free from political interference, particularly the executive This is vital as they may be called to administer justice in cases where there is conflict between the state and the individual citizen

Answer 44

Terms of employment- judges can't be removes from office unless they break the law, retirement age is 70, known as security of tenure, judges immune from legal action based on comments they make on cases in court Pay- are paid automatically from independent budget without possibility of manipulation by ministers

Answer 45

Doctrine of parliamentary sovereignty means that SC doesn't have power to strike down laws In the UK there is no codified constitution against which the SC could test legislation

Answer 46

Court can inquire if the ministers have followed the correct procedures in the way they have implemented legislation Can examine actions of public bodies to see if they have acted ultra vires

Answer 47

Literally 'beyond the powers' | An action taken without legal authority

Answer 48

Jason Smith was a UK serviceman who died of heatstroke in Iraq 2003 Family brought case against MOD saying authorities should've safeguarded him + High Court ruled in favour But when case appealed to SC, judgement was overruled 6 to 3 as said that HRA didn't extend to troops in combat 2010

Answer 49

Govt's position was that individuals who had committed serious sexual offences in Eng and Wales must register with the police for life after release from prison SC ruled this breached their HR and that they should have the right to appeal against registration 15 years after leaving jail This infuriated govt. and police who argued dangerous individuals don't change their bahaviour

Answer 50

Traditionally UK govt. was fusion of powers where 3 branches of govt. overlapped Is a fusion of parliamentary democracy, contrasting presidential democracy

Answer 51

Chair public inquiries and commissions as seen as impartial Protect citizens from and overpowering state, if citizens are unhappy with actions of govt. SC can interven Can call govt. to account via judicial review Decide punishments that are appropriate to the crime Use external jurisdiction

Answer 52

Those in judiciary should be free from political control Shouldn't be influenced by other branches of govt. Independence allows judges to apply justice properly, without fear of consequence Judges need to be confident that they can make a decision without fear that their career prospects will suffer