Relations between Institutions

Question 1

Why was the Supreme Court established?

Answer 1

To create a greater separation of powers

Question 2

Appointment of justices, consists of…

Answer 2

12 members, but cases are heard by an odd number - to reach a majority verdict

Question 3

Constitutional Reform Act 2005 aim

Answer 3

Aim was to increase judiciary’s independence from the government. Established the independent Judicial Appointments Commission (JAC)
Lord Chancellor was the head of the judiciary responsible for appointing judges (this was removed from the Act)

Question 4

Who were the Law Lords?

Answer 4

highest court of appeal in the UK
- senior judges
- HoL

Question 5

What is judicial neutrality?

Answer 5

Judges shouldn’t be politically active or motivated, and shouldn’t show no personal bias (should reach decisions alone)
- Can vote but discreetly (can’t openly support)

Question 6

Positives of judicial neutrality

Answer 6

• JAC identifies and eliminates from promotion any judges who lack neutrality
• Broader life experiences and backgrounds encouraged
• Legal training and their lengthy experience binds them to a set of professional ethics

Question 7

Negatives of judicial neutrality

Answer 7

• Demographically unrepresentative (‘male, pale and stale’ - so more conservative bias)
• Growing judicial activism can be seen as lacking neutrality
• Judges are seen as ‘Establishment’

Question 8

What is judicial independence?

Answer 8

Actions and decisions of judges shouldn’t be influenced by pressure from the executive and Parliament

Question 9

All in all, how are judges made independent?

Answer 9

• Chosen by an independent commission, and only ‘signed off’ by the Lord Chancellor
• Once appointed, judges can’t be sacked unless they break the law, so they can’t be threatened with removal for making the ‘wrong’ decision
• Judges’ pay is decided by an independent pay review body, without interference from ministers
• The Supreme Court is physically separate from the government and legislature

Question 10

Positives of judicial independence

Answer 10

• Security of tenure (Appointed until retirement)
• Fixed salary (Parliament can’t threaten to reduce it as they don’t decide it)
• Appointments (appointed by JAC using a procedure free from political involvement)

Question 11

Negatives of judicial independence

Answer 11

• Government retains some role in the final decision of appointing judges (could be abused)
• Growing trend of ministers being prepared to criticise judges rulings

Question 12

What is judicial review?

Answer 12

Where judges review whether the actions taken, or decisions made, by a public body are lawful
- Ministerial decisions and actions can be declared unlawful when they are ‘ultra vires’

Question 13

Is the Supreme Court influential? YES ARGUMENT

Answer 13

• Since HRA, the Supreme Court has increased its ability to protect citizens’ rights
• ‘final court of appeal’ - dealing with the most significant matters affords them significant power
• In freedom of information cases, the Supreme Court has upheld decisions to publish information against the wishes of minsters

Question 14

Is the Supreme Court influential? NO ARGUMENT

Answer 14

• The Supreme Court cannot be pro-active - it must wait for cases to be brought before them (unelected)
• Supreme Court cannot overturn statutes even if they go against the ECHR (no ‘higher’ constitutional laws)

Question 15

R v Horncastle [2009] - Supreme Court case

Answer 15

‘Hearsay’ statements from absent witnesses - not under oath or able to cross examine
UK government felt the stance posed a risk to justice ( SC justices agreed)

Question 16

What are the four freedoms?

Answer 16

Free movement of workers
Free movement of goods
Free movement of capital
Free movement of services

Question 17

What is Legal Sovereignty?

Answer 17

Person or body who makes laws and whose laws are final - recognised by courts

Question 18

What is political sovereignty?

Answer 18

The location of real, exercisable, power and influence within the state, influenced by the accountability of Parliament to the people - political sovereignty

Question 19

What is federal sovereignty?

Answer 19

A system of government where sovereignty is divided between central & regional bodies, each with their own separate spheres of power and authority

Question 20

What is popular sovereignty?

Answer 20

The principle that government is created by, & subject to the will of, the people, who are the source of all political power and authority

Question 21

What is pooled sovereignty?

Answer 21

Term used when states voluntarily decide to share decision-making powers, over a number of policy areas, in a system of international cooperation

Question 22

What is Parliamentary sovereignty?

Answer 22

A form of legal sovereignty - Parliament has the ability to make, unmake or remove any law as it wishes

Question 23

No Parliament can bind its successor, meaning…

Answer 23

any government could undo previous laws - even HRA

Question 24

What does the absence of a codified constitution ensure?

Answer 24

There’s no higher authority than Parliament

Question 25

What are some of the limits to Parliamentary sovereignty?

Answer 25

HRA 1998
Devolution

Question 26

Pros of devolution

Answer 26

• Hasn’t altered the legal sovereignty of Parliament (UK remains a unitary state)
• Devolution Acts state that Parliament retains the right to make laws on any matter

Question 27

Cons of devolution

Answer 27

• Was not a one-off event, subsequent Acts devolved more powers.
• Policy differences continue to multiply in Scotland, NI, Wales and England

Question 28

Our fused executive and legislative branches means that…

Answer 28

the executive is sovereign

Question 29

Pro and Con of Executive Dominance

Answer 29

pro - Sometimes the executive dominates, sometimes the Commons (never a constant situation)
con - A PM with a large majority in the Commons can enjoy considerable power

Question 30

What are the key checks and balances on the executive in the UK?

Answer 30

• PARLIAMENT (core c&b) - HoC has the power to grant or withdraw confidence in the government. Provides scrutiny and accountability.
• COURTS - applying the law as made by parliament. Courts interpret, but cannot overturn, primary legislation. Play a more significant role through secondary legislation and prerogative powers.
• IMPARTIAL OFFICIALS (CIVIL SERVICE OR constitutional regulators) - CIVIL SERVANTS are required to maintain anonymity, neutrality, confidentiality, and permanence. UK constitutional watchdogs do not always have decision-making powers, but foster good practice and investigate and identify wrongdoing.
• MEDIA (and civil society) - report, analyse, and comment upon political activity. Scrutinises politicians and public officials

Question 31

Which 3 parts are designed to uphold the doctrine of parliamentary sovereignty

Answer 31

The relationship between courts, parliament and the executive. Fusion of powers

Question 32

What’s parliament’s role in legislation?

Answer 32

A bill is a proposed law which is introduced into Parliament. Once a bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an act. Any Member of Parliament can introduce a bill

Question 33

Check and challenge the work of the Government (scrutiny)
Make and change laws (legislation)
Debate the important issues of the day (debating)
Check and approve Government spending (budget/taxes)

Answer 33

Roles of UK Parliament

Question 34

What is a ‘declaration of incompatibility’?

Answer 34

If it’s believed that an existing piece of legislation is in conflict with the European Convention on Human Rights (Supreme Court can’t strike down laws due to Parliamentary Sovereignty)