Relations Between Branches (UK Gov 4)

Question 1

What is the judiciary?

Answer 1

Branch of government that delivers justice by ensuring the constitutions os upheld and peoples rights are protected

Question 2

UK orders of court

Answer 2

Crown, high, court of appeal, supreme court

Question 3

When and why was the SC made?

Answer 3

-est. 2005 under constitutional reform act
-opened 2009
-replaced the Law lords, providing a separation of powers by also removing Lord chancellor (in all 3 branches) and replacing it with Lord chief justice

Question 4

Judicial appointment commission

Answer 4

-est 2005 CRA
-independant, to remove government bias from selection process

Question 5

How many SC judges are there and how do you qualify?

Answer 5

-12
-must have been in senior judiciary for 2 years and a legal qualified practitioner for 15 years

Question 6

Current Sc makeup

Answer 6

(As of 2023):
-4 members aren’t Oxbridge
-2 women
-all are white and over 60

Question 7

Arguments stating that SC representation matters

Answer 7

-better diversity= better legitimacy
-more diversity= more perspectives so better decision making
-better access to justice to those who can’t access it as judges can sympathise with them

Question 8

Arguments that SC representation doesn’t matter

Answer 8

-judges should be judges solely on qualification
-decisions may not remain impartial
-equality of opportunity for capable judges should be the highest priority

Question 9

Relationship between judiciary and legislative

Answer 9

Parliamentary sovereignty means all court rulings are only advisory and parliament can simply overturn a court ruling by legislating against it (2010 Terrorist asset freezing act)

Question 10

Relationship between judiciary and executive

Answer 10

-judicial reviews allow courts to review government action and deduce whether they are “ultra vires” (Miller 1 and 2)
-can also issue declarations of incompatibility against HRA (2023 Rwanda)
2022 judicial review and courts act=some human rights and immigration concerns are immune from judicial review and instead the courts can set a time limit for amendments to be made

Question 11

Evan’s vs attorney general (2015)

Answer 11

SC ruled that under the 2000 freedom of information act, letters Charles 3 wrote to government ministers must be released to public to ensure he remains politically neautral

Shows power over executive

Question 12

Miller vs Secretary of State for exiting the EU (2017)

Answer 12

SC ruled that Mays government couldn’t trigger article 50 without parliamentary permission because they allowed for it in the first place

Shows gov acting ultra vires and SC upholding PS

Question 13

Miller vs prime minister (2019)

Answer 13

SC ruled that Johnsons couldn’t lawfully prorogue parliament as it was believed he was doing it to avoid Brexit scrutiny

SC protecting PS and gov acting ultra vires

Question 14

What is judicial independance?

Answer 14

The idea that judges should be completely separate from other branches of government

Question 15

What is judicial independence guaranteed by?

Answer 15

-security of tenure
-guaranteed salary
-contempt of court
-an independant judicial appointment commission

Question 16

Arguments that the SC does not exercise independence?

Answer 16

-government ministers breaking contempt of court in Miller 1 and 2
-limited power by 2022 judicial review act
-since HRA people are more aware of their rights so cases are much more political
-Daily mail “enemies of the people” headline after miler 1
-lack of diversity

Question 17

SC ruling over Scottish referendum (2022)

Answer 17

Sc ruled that Scotland couldn’t hold a second referendum because it concerned matters that weren’t fully devolved to them

Retaining PS

Question 18

Examples of SC not being neautral

Answer 18

-“enemies of people” daily mail headline lead to the belief that the SC judges were europhilic
-Lord Neurberger was publicly critical of gov after miller 1
-not descriptively representative

Question 19

Arguments in favour of the executive being dominant over parliament

Answer 19

-control most of parliamentary timetable
-majority in commons and sometimes and elective dictatorship (Johsnon, Blair and thatcher)
-90-95% of legislation is government
-secondary legislation
-limited powers of HoL
-PBC majorities

Question 20

Arguments in favour of the executive not being dominant over parliament

Answer 20

-parliamentary sovereignty
-PMBs (Liz Truss trying to push through ones of transgender use of toilets and teaching in skls)
-more backbench rebellion (Phillip Davies= 250 times against whip)
-select committees
-BBBC
-questions and opposition days

Question 21

Timeline of the EU creation

Answer 21

-Britain join EEC in 1972
-1986= EEC becomes a single market
-1992 Maastricht treaty creates the Euro and political union (UK opt out of euro)
-2007 Lisbon treaty gave the European council a permanent president (currently Charles Michel)

Question 22

Areas that the EU has control over

Answer 22

-trade with non-EU countries (big reason for Brexit)
-some control on immigartion, agriculture, fisheries and environmental policy
-taxation and defences powers are retained by member states

Question 23

Aims of EU

Answer 23

-achieving peace (no wars between members since WW2)
-upholding a single market and maintaining the 4 freedoms
-establishing political and economic union (creation of a European Central Bank, euro (only UK an Denmark opt-out) and set exchange rates)
-offer freedom, security and justice

Question 24

What are the 4 freedoms of the EU single market?

Answer 24

Free movement of…
-goods
-services
-people
-capital (money)

Has been largely achieved but was minuted during COVID and 2015 migrant crisis

Question 25

What is the European council?

Answer 25

Final decision-making body where the heads of government of member states meet and have the final say on policies

Question 26

What is the European Commission?

Answer 26

The executive body of the EU (represents EU on a world stage and oversees the implementation of policy and proposes most laws)

Question 27

What is the council of the EU?

Answer 27

Main decision-making body which shares legislative power with European Parliament

Question 28

What is European Parliament?

Answer 28

-directly elected institution of 705 (due to rise to 720 in 2024) members
Has legislative, budgetary and democratic power

Question 29

What is the court of justice of the EU?

Answer 29

The judicial branch of the EU (not to be confused with ECHR which is different)

Question 30

Legal sovereignty

Answer 30

The theoretical exercise of sovereignty (how much power an institution has by law)

Question 31

Political sovereignty

Answer 31

The sovereignty in practice (how much support you have to actually exercise sovereignty)

Question 32

Timeline of Brexit

Answer 32

-2016 referendum=52% leave (Cameron resigned since he was Europhilic)
-May struggled to negotiate a Brexit deal and had a weak mandate/ factionalism so also resigned
-Johnson was a hard brexiteer but also dealt with party factionalism (allied with Labour to vote against a no deal Brexit) but eventually got a deal with 2019 EU Withdrawl agreement and we left in 2020

Question 33

Arguments that Brexit did strengthen parliamentary sovereignty

Answer 33

-no longer a higher court to strike down incompatible laws (EU law no longer supreme)
-parliament can no longer legislate on issues the EU used to control (as exemplified by the 2023 Rwanda bill)
-1993-2014= 231 acts passed which implemented EU law into the UK constitution-we dint need to do that anymore!
-key court cases have strengthened parliamentary sovereignty (Miller 1 and 2 and the 2018 legal continuity bill which ruled that control over legislation previously held by the EU relating to devolved matters shouldn’t immediately go to Scotland)

Question 34

Arguments that Brexit did not strengthen parliamentary sovereignty

Answer 34

-Westminster don’t have the same amount of control over NI because NI is partially treated like a member state to maintain trade deals and borders with Ireland (even after Sunak implemented the Windsor framework, NI isn’t fully under our control)
-a lot of sovereignty has gone to executive, not parliament (UK gov has the power to make trade deals without parliamentary consent like the 2023 Asia trade deal)
UK lost global influence from pooled sovereignty
-retained EU legislation

Question 35

What was the working time directive and how has it impacted the UK?

Answer 35

-made it illegal to work more than 48 hours a week
-Major opted out in 1992 but Blair opted in in 1998
-government now don’t have the political sovereignty to change it so its still in order

Question 36

VAT and tampon tax in the EU and the impact now

Answer 36

-EU law was that standard VAT was at least 15% and reduced VAT was at least 5%
-menstrual products do not qualify for special exemption ( being taxed as much as 27% in some places)
-post Brexit, all tax on period products was removed, allowing the government to be more popular and progressive

Question 37

The Factortame case (1988)

Answer 37

-example of EU law taking precedent over UK law
-fishing quotas in the U had to be changed because they did not comply with UK law