Relations between branches Flashcards
What is the Supreme Court
Upper court of appeal for civil cases - highest court in the UK political system
What is judicial neutrality
The principle that judges should not be influenced by their personal political opinions and should remain outside of party politics.
What is judicial independence
The principle that judges should not be influenced by other branches of government, particularly the Executive.
What is judicial review
The power of the judiciary to review, and sometimes reverse, actions by other branches of government that breach the law or that are incompatible with the Human Rights Act.
What is an Elective dictatorship
A government that dominates Parliament, usually due to a large majority, and therefore has few limits on its power.
what is the European Union (EU)
A political and economic union of a group of European countries.
what are the Four freedoms (EU)
The principle of free movement of goods, services, capital and people within the EU’s single market.
what is Legal sovereignty
The legal right to exercise sovereignty – i.e. sovereignty in theory.
what is political sovereignty
The political ability to exercise sovereignty – i.e. sovereignty in practice.
what is ‘Ultra vires’
What the Supreme court can say about the government. It means literally ‘beyond the powers’. An action that is taken without legal authority when it requires it.
What are the three branches of gov
Legislative (makes laws), executive(takes and implements decisions on policy), and judiciary (interpret the law through cases)
When was the Supreme court established
in the Constitutional Reform Act 2005 - but opened on 1 October 2009
What was the establishment of the Supreme court meant to do
Further separate branches of power and make more independence - by ending the fusion of the ‘law lords’ - the highest UK judiciary - with parliament
What does the SC act over
The whole of the UK despite differing legal systems - it is a unified court of appeals
Case - SC and devolved bodies
June 2016 - SC overruled Scottish gov plan to introduce a named persons scheme - which they would appoint state guardians such as headteachers to be in charge of the welfare of children - went against article 8 of HRA - ‘privacy’ - ruling that a devolved body exceeded its powers
What made the SC/ judges more powerful
- Joining the EU - European laws were well established therefore acts of Parliament could clash and they were no longer sovereign
- The HRA act 1998- could declare law ‘incompatible’
Evidence of politicization of S court
- Gina Millar case - that only Parliament could trigger article 50
- the prorogation of Parliament
How are SC judges selected and why
by a separate panel made of lawyers and judges - to ensure they are chosen for the expertise on the law
Powers of SC
- ultra vires
