Relations Between Institutions Flashcards
Define the Supreme Court
The highest court in the UK
Define judicial neutrality
The principles that judges should not be influenced by their personal political opinion and should remain outside of party politics
Define judicial review
The power of the judiciary to review the actions and sometimes refers by other branches of government that breach the law or that are incompatible with the Human rights act
Define elected dictatorship
A government that dominates parliament, usually due to a large majority and therefore has few limits on its power
Define the European Union
An association of 28 states. It was originally founded as the European economic community in 1957, which has evolved into a political economic union
Define the four freedoms
The principle of free movement of goods Free movement of services Free movement of people Free movement of capital
Define legal sovereignty
The right to ultimate legal authority on a political system in the this belongs to parliament
Define political sovereignty
The ultimate political power in the UKs democracy, the electorate holds this power which it delegates to parliament
Define popular sovereignty
Where people have power
Define Ultra Vires
It means beyond the powers in Latin an action taken without legal authority
What were the major changes to the judicial system instigated by the constitutional reform act 2005
It established the Supreme Court that would be independent of parliament moving from the House of Lords
It also changed the role of the Lord Chancellor removing his judicial and legislative functions
How are Supreme Court justices appointed
They appointed from the JAC - Judicial appointment committee
Have to have been a senior judges for 2 years or been a qualified lawyer for 2 years
The lord chancellor still confirms or rejects the nominations
How many women are members of the Supreme Court
2
Lady Hale
Lady Black
How many members of the Supreme Court went to Oxford or Cambridge
10
What two reasons agree with the statement “judges are not sufficiently independent or neutral”
They are not neutral because they are draw from a narrow background
There is open disagreement over sentencing
What are the two reasons that disagree with the statement “judges are not sufficiently independent or neutral”
Judicial appointment committee means there is a more formal way of appointing judges
2009 creation of Supreme Court now means we have judicial independence
What were the acts that created the modern EU
European coal and steel community - 1950
Treaty of Rome (EEC) 1957 (UK in 1973)
Single European Act 1986
Maastricht treaty 1992
Schengen 1995
Eurozone 1999
Treaty of Lisbon 2007
Fiscal Compact Treaty 2012
When did the U.K. join the EEC
1973
What is the European coal and steel community
1950 - U.K. did not join initially
The foundation of the EU by the six founding members post world war 2. Tried to stop future wars by pooling the production and exchange of key resources
Who were the founding members of the EU
Germany Netherlands Belgium France Italy Luxembourg
What was the Treaty of Rome (EEC)
1957 - UK was not a part of this until 1973
It was signed by the founding six members creating the European economic community that granted Free trade arrangements Customs union Single market (can’t put taxes on goods)
What expansion took place in 1973
U.K., Ireland and Denmark join the EEC and sign the treaty of Rome
What was the signed European Act
1986 - The UK is a part of this
The aim was to create a single European market based on the four freedoms. With the abolishing of customs controls at borders and the recognition of common product standards
What was the Maastricht treaty
1992 - U.K. is a part of this
It transformed the EEC into the more closely integrated European Union
What was Schengen
1995 - The UK never joined
It involves free movement of EU citizens to live and work in other EU member states
What was the Eurozone?
1999 - U.K. never joined
It created the economic and monetary union and a single currency, the Euro was introduced as a trading currency but U.K. and Denmark choose to opt out because they didn’t want to surrender economic sovereignty
It was created to promote cross border trade and eliminate fluctuating exchange rates
What expansion took place in 2004
Name 5 countries
10 member states from Eastern and Central Europe as the Cold War and they were no longer communist
Poland Czech Republic Slovakia Slovenia Hungary Estonia Latvia Lithuania Cyprus Malta
What was the Treaty of Lisbon
2007 - The UK is a member
Came into force in 2009
The European council were given a permanent president of two and a half year terms
Created a system of majority voting
What expansion took place in 2007
Romania and Bulgaria joined
What was the Fiscal compact treaty
2012- the Uk is not a member
The Eastern countries did follow guidelines e of preventing running up unstable levels of government debt
They were expected to implement tougher budgetary rules
What expansion took place in 2013
Croatia joined
Define intergovernmentalism
The EU should be an agreement between national sovereign governments
What is meant by Supranationalism
The EU should become a federal state
Define regulation
They apply to all member states immediately and is agreed upon by EU parliament and it doesn’t need an act of Parliament to ratify it
Give an example of a regulation
2015 regulation on common safeguards on good
Define directive
It sets out a goal that all member states have to work towards and they are expected to pass their own laws to achieve this
Give an example of directives
1998 working time regulations passed in the U.K.
How does parliament scrutinise the laws the EU imposes on the EU
House of Lords EU select committee
House of Commons European scrutiny committee
Give three reasons that support the statement “in recent years control of Parliament has decreased”
Government has accepted restriction on exercising certain prerogatives like to call an election
Select committees have reformed since the right reforms
The creation of the backbench business committee
Give two reasons that contradict the statement “in recent years control of Parliament has decreased”
Systems ensure government maintains control like the Whips, power of patronage and majorities
House of Lords is weak
Define payroll vote
The term payroll vote refers to those MPs who can be relied upon absolutely by the government to vote in support of their policies
What are the two factors that mean we have popular sovereignty
Referendums
Power of recall
What are the limitations of popular sovereignty
People are unqualified to make decisions
What are three points that support the claim that the U.K. has an elected dictatorship
Control of the House of Lords
Control backbenchers
First past the post produces strong governments influencing select committees and removing the power of rebellions
Blair didn’t loose a vote in the commons until after he lost 100 seats in 2005
What are three points that contradict the claim that the U.K. has an elected dictatorship
Devolution
EU law
What are the three points that support the claim the parliamentary sovereignty has declined in recent years
Devolution
Executive dominance
Referendums
What are the three points that contradict the claim the parliamentary sovereignty has declined in recent years
Supreme Court didn’t change parliamentary sovereignty - can still make or unmake any law
EU membership - Sovereignty was pooled
Referendums are not legally binding and (Gina Miller case)
What is factortame
Where Spanish fisherman claimed the U.K. had breahed EU law by requiring ships to have a majority of British owners if they were to be registered in the U.K. they had to dissapply the 1988 Merchant shipping Act
