Relations Between Branches

Question 1

Criticisms of neutrality

Answer 1

• Tend to be conservative (Lord Denning sided with the gov)
• Most justices attended Oxbridge making them ill suited to interpreting the law in a contemporary setting
• In 2022, Lady Hail was the only female
• CRA merged LC with JC and JC looks at recommendations and can reject nominees
• Could be pulled into major political disputes - Truss didn’t defend them after frustrating Brexit

Question 1

SC neutrality

Answer 1

• Salary is not determined by gov
• Politically partisan
• Separate building from parliament
• Judge can only be fired so they can interpret the rule without the worry
• 2005 CRA removed Law Lords
• Lord Chancellor powers removed and JAC established
• If two candidates were of same merit, they would choose diversity
• Cases are open to public
• Proceedings are streamed and photographed
• Parliament cannot express an opinion as to not undermine judicial independence

Question 2

Gina Miller 2019

Answer 2

• Johnson attempted to pirogue parliament for 5 weeks
• motivated by self interest
• Ultra vires issued

Question 2

HJ + HT v Home Sec

Answer 2

• two gay men seeking asylum in England
• Home sec didn’t allow it and just told them to hide their sexuality
• Lord Hope ruled against it

Question 2

Does the SC limit the power of Parliament?

Answer 2

• Cannot refer to higher law
• Can refer to ECHR
• Can call Ultra Vires, locate sovereignty, DoI, set legal precedents
• socially conservative judges have been criticised for siding with the gov

Question 2

AM v Sec of State for HD

Answer 2

• HD tried to deport a man with aids to Zimbabwe
• He would not receive treatment

Question 3

Shamima Begum

Answer 3

• Went to Syria and married someone in ISIS
• Sajid Javid removed her British citizenship
• SC allowed her to have a hearing

Question 3

IS WESTMINSTER STILL SOVEREIGN: NO

Answer 3

• devolved bodies need refs for there removal
• constit changes should have a ref
• EU result was accepted despite 74% of MPs against it
• PM has royal prerog
• SC can determine where sovereignty lies (no 2nd independence ref)

Question 3

Parliament holding the executive to account: Bad

Answer 3

• gov controls Parliamentary business
• PBC vote on gov lines
• gov with large maj can pass bills easily
• gov can change law with sec leg
• PM has powers of patronage
• Whips could offer jobs to promote loyalty
• Royal Prerogative means PM does not have to consult parliament
• Salisbury convention

Question 3

Parliament holding the executive to account: Good

Answer 3

• BBBC allows BB to take control
• SC chairs have a secret ballot
• LC scrutinises PM
• EP can be sent directly to Parliament
• Speakers have authorised more UQs recently
• Convention that commons should be consulted about military use (despite Tony Blair)

Question 4

IS WESTMINSTER STILL SOVEREIGN: YES

Answer 4

• Parliament legislated to leave the EU
• Uncodified constit means that there is no higher law than statute law
• HRA is just an AoP
• Theoretically, devolved bodies could be abolished
• Refs are not legally binding

Question 5

IS THE SC INFLUENTIAL: YES

Answer 5

• Most senior court of appeal
• interpretation of meaning of the law is final
• DoI put pressure on gov
• Can determine the location of sov and call ultra vires

Question 6

IS THE SC INFLUENTIAL: NO

Answer 6

• parliament is sovereign
• cannot initiate cases
• can determine meaning of law but is bound by what the law states
• Belmarsh Case 2004