relations between branches- paper 2

Question 1

Three branches of government

Answer 1

-executive
-legislature
-Judiciary

Question 2

Why is there a separation of powers?

Answer 2

to act as a check on each other

Question 3

what is the judiciary

Answer 3

-the branch of government that is responsible for the adjudication of law and settling legal disputes.
-Members of the judiciary intemperate the meaning of laws
-independent of the gov

Question 4

Roles of the supreme court

Answer 4

-final court of appeal
-hears appeals on issues of public importance surrounding arguable points of law

Question 5

different types of law

Answer 5

Criminal law:
deals with crimes against the state
Civil law:
deals with disputes between individuals or groups in society, where the aim is to win compensation

Question 6

2005 constitutional reform act

Answer 6

-supreme court was established, removing the judicial function of the HOLs
-Law lords cannot sit in the HOLs (neutrality)
-Judges no longer chosen by the gov

Question 7

appointing judges to the supreme court

Answer 7

-12 judges
-odd numbers hear cases so there is a majority
-president is the most senior judge (Lord Reed)
-must retire at 70
-Appointments Commission receives nominations

Question 8

Judicial independence IS upheld

Answer 8

-head of judiciary no longer sits in the cabinet
-judges are appointed by an independent Judicial Appointments Commission
-decisions by judges are immune from legal action

Question 9

judicial independence ISNT upheld

Answer 9

-after the 2017 decision of the supreme court surrounding Brexit, many ministers criticised the judiciary, going against judicial independence
-In extreme cases the gov could have power over who is allowed to be a member of the supreme court

Question 10

Judicial Neutrality

Answer 10

the decisions of judges should not be politically motivated

Question 11

judicial neutrality IS upheld

Answer 11

-Judicial appointment Commission means that appointments aren’t made by the gov
-decisions are based on legal principles , ensuring rules are impartial
-judges are protected from political pressure, keeping them neutral

Question 12

judicial neutrality ISNT upheld

Answer 12

-lack of ethnic and gender diversity
-in high profile cases, such as Brexit related, the judiciary faced accusations of partiality
-high profile cases are subject to intense media scrutiny, making neutrality difficult

Question 13

Judicial review

Answer 13

-a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body
-unlawful=ultra vires= beyond ones power

Question 14

Declaration of incompatibility

Answer 14

if a law in conflict with ECHR, the supreme court issues a declaration of incompatibility, compelling parliament to modify the law
-supreme court cannot modify itself

Question 15

declaration of incompatibility eg

Answer 15

-June 2018
-civil partnerships act 2004 incompatible with Human rights act as different sex couples couldn’t enter breaching article 14 and 8

Question 16

2019 Gina Miller vs The Prime Minister

Answer 16

-2019 Johnson asked the queen to prorogue parliament
-Miller saw this as unlawful
-MPs would lose time to debate Brexit increasing likelihood of no deal
-supreme court declared it unlawful

Question 17

Elective dictatorship

Answer 17

leading party has a larg majority, meaning little opposition, making it difficult to vote against proposed legislation eg.tony blair 1997

Question 18

how does the executive dominate parliament

Answer 18

-provide majority
-set agenda
-monopolise the time of the house

Question 19

Aims of the EU

Answer 19

Promote peace:;
aims to avoid another conflict like WW2

economic union:
euro used by eurozone members, third largest economy

social policy:
seeks to enhance workers rights

Question 20

impacts of the EU on the UK

Answer 20

Parties:
many political parties, eg UKIP, were established to push for Brexit

Policy:
Tories have won elections with policies of leaving the EU and reducing European integration

Rights:
Human rights act enshrined the ECHR in UK law, Tories suggested replacing with a British Bill of rights

Question 21

The Maastricht Treaty

Answer 21

• until 1992 the European community was an economic union
• Became EU with this treaty
  -introduced a common currency and common foreign policies
  -introduced the 4 freedoms

Question 22

the 4 freedoms

Answer 22

-freedom of movement of people
-freedom of movement of goods
-freedom of movement of capital
-freedom of movement of services

Question 23

Rise of UKIP

Answer 23

-people frustrated with the EU reducing UK sovereignty
-UKIP set up in 1993 to campaign against greater European integration
-in the 1014 European parliament election they won 24 seats
-This led to Tories holding a referendum in 2016

Question 24

parliamentary sovereignty

Answer 24

-the ability of parliament to make, remove or edit any laws as it wishes
-no parliament can bind its successor

Question 25

Enhancements to parliamentary sovereignty

Answer 25

-EU membership shared powers with other members giving parliament rights that they didn’t have before
-Human rights act can be repealed by parliament and the supreme court cannot over rule
-devolution can be reversed, returning power to Westminster

Question 26

Limits to parliamentary sovereignty

Answer 26

-Under the EU, EU law takes president
-judges have the power to declare acts of parliament incompatible
-power of parliament is reduced through devolution