relations between branches- paper 2 Flashcards
Three branches of government
-executive
-legislature
-Judiciary
Why is there a separation of powers?
to act as a check on each other
what is the judiciary
-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
Roles of the supreme court
-final court of appeal
-hears appeals on issues of public importance surrounding arguable points of law
different types of law
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
2005 constitutional reform act
-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
appointing judges to the supreme court
-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
Judicial independence IS upheld
-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
judicial independence ISNT upheld
-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
Judicial Neutrality
the decisions of judges should not be politically motivated
judicial neutrality IS upheld
-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
judicial neutrality ISNT upheld
-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
Judicial review
-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
Declaration of incompatibility
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
declaration of incompatibility eg
-June 2018
-civil partnerships act 2004 incompatible with Human rights act as different sex couples couldn’t enter breaching article 14 and 8
2019 Gina Miller vs The Prime Minister
-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
Elective dictatorship
leading party has a larg majority, meaning little opposition, making it difficult to vote against proposed legislation eg.tony blair 1997
how does the executive dominate parliament
-provide majority
-set agenda
-monopolise the time of the house
Aims of the EU
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
impacts of the EU on the UK
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
The Maastricht Treaty
- 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
the 4 freedoms
-freedom of movement of people
-freedom of movement of goods
-freedom of movement of capital
-freedom of movement of services
Rise of UKIP
-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
parliamentary sovereignty
-the ability of parliament to make, remove or edit any laws as it wishes
-no parliament can bind its successor
Enhancements to parliamentary sovereignty
-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
Limits to parliamentary sovereignty
-Under the EU, EU law takes president
-judges have the power to declare acts of parliament incompatible
-power of parliament is reduced through devolution
