Relations Between Branches Flashcards
What is the judiciary?
the branch of government this is responsible for deciding legal disputes and which presides over the court system
What are the origins of the Supreme Court
Constitutional reform act 2005 - enacted in 2009 and is the highest level of the judiciary in the UK
How did the CRA make the judiciary more independent?
Lord Chancellor initially was head of the judiciary but now gave this to a new independent lord chief justice
illegal for minister to influence decisions
judicial appointments commission which selects judges based on merit
removed 12 law lords from the House of skirts and created a supreme court
What are the roles of the supreme court
serves as the only UK wife court
final court of appeal for rulings made by the lower courts
matters of wider public and constitutional importance
developed authorities overstepping their powers
What is the composition of the supreme court
consists of 12 members
nominations are made by an independent five member selection committee
What are the two key operating principles of the supreme court
judicial neutrality and independence
What are the arguments for the supreme court being neutral
for - prevents bias as judges cannot have any political bias and many not hear cases in which they are interested a lot in
- appointment process makes them unlikely to bias
- judges training focuses on the law but no politics
against - drawn from narrow socio economic group
- UK judges have handed out harsher sentences to black and asian offenders
- may have a pro remain liberal bias
What are the arguments for judge independence?
for: - challenge the government
- judges are protected from any influences by MPs
against: - ministers sometimes act in ways which might harm judicial independence
-the executive still control the dj dj g of the supreme court
Does the supreme court influence the executive?
for: judicial review - can declare the extortions of public officials to be ultra views
rule of law - upholds role of law
judges speeches - senior judges have increasingly spoken out on issues concerning law and order
against: judges don’t always find against government
external pressures on the supreme court like media
Does the supreme court influence parliament
for: using the Human Rights Act to make declaration of incompatibility
against: westminster is legally sovereign so don’t have to take on any advice
judges cannot be positive in offering verdicts on acts of parliament
brexits has strengthened parliament vis a vis the judiciary
What is a free vote
a parliamentary vote where MPs are not pressurised by their parties to vote a certain way - typically done on ethical issues
Arguments about government controlling parliament?
does: - gov defeats become more common during 2017-19
- parliament has gained some control over certain perogstice powers
- increased scrutinising powers
- HoL is assertive
doesn’t: - power of whips and patronage
- increasingly changed laws via secondary leg
- HoL control is limited by conventions
What are is the EU
an association of 27 states originally founded as the EEC in 1957
What are the aims of the EU?
promote peace and the well being of citizens
freedom and security without internal borders
sustainable developments
combat discrimination
promote scientific and technological progress
What are the four freedoms of the single market
goods services capital and people
removed trade and immigration barriers to allow free movement
Schengen agreement created a passport free zone
