Relations Between Institutions Flashcards

1
Q

Define the Supreme Court

A

The highest court in the UK

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2
Q

Define judicial neutrality

A

The principles that judges should not be influenced by their personal political opinion and should remain outside of party politics

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3
Q

Define judicial review

A

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

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4
Q

Define elected dictatorship

A

A government that dominates parliament, usually due to a large majority and therefore has few limits on its power

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5
Q

Define the European Union

A

An association of 28 states. It was originally founded as the European economic community in 1957, which has evolved into a political economic union

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6
Q

Define the four freedoms

A
The principle of 
free movement of goods
Free movement of services
Free movement of people
Free movement of capital
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7
Q

Define legal sovereignty

A

The right to ultimate legal authority on a political system in the this belongs to parliament

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8
Q

Define political sovereignty

A

The ultimate political power in the UKs democracy, the electorate holds this power which it delegates to parliament

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9
Q

Define popular sovereignty

A

Where people have power

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10
Q

Define Ultra Vires

A

It means beyond the powers in Latin an action taken without legal authority

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11
Q

What were the major changes to the judicial system instigated by the constitutional reform act 2005

A

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

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12
Q

How are Supreme Court justices appointed

A

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

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13
Q

How many women are members of the Supreme Court

A

2
Lady Hale
Lady Black

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14
Q

How many members of the Supreme Court went to Oxford or Cambridge

A

10

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15
Q

What two reasons agree with the statement “judges are not sufficiently independent or neutral”

A

They are not neutral because they are draw from a narrow background

There is open disagreement over sentencing

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16
Q

What are the two reasons that disagree with the statement “judges are not sufficiently independent or neutral”

A

Judicial appointment committee means there is a more formal way of appointing judges

2009 creation of Supreme Court now means we have judicial independence

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17
Q

What were the acts that created the modern EU

A

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

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18
Q

When did the U.K. join the EEC

A

1973

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19
Q

What is the European coal and steel community

A

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

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20
Q

Who were the founding members of the EU

A
Germany
Netherlands
Belgium
France
Italy
Luxembourg
21
Q

What was the Treaty of Rome (EEC)

A

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)
22
Q

What expansion took place in 1973

A

U.K., Ireland and Denmark join the EEC and sign the treaty of Rome

23
Q

What was the signed European Act

A

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

24
Q

What was the Maastricht treaty

A

1992 - U.K. is a part of this

It transformed the EEC into the more closely integrated European Union

25
What was Schengen
1995 - The UK never joined It involves free movement of EU citizens to live and work in other EU member states
26
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
27
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 ```
28
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
29
What expansion took place in 2007
Romania and Bulgaria joined
30
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
31
What expansion took place in 2013
Croatia joined
32
Define intergovernmentalism
The EU should be an agreement between national sovereign governments
33
What is meant by Supranationalism
The EU should become a federal state
34
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
35
Give an example of a regulation
2015 regulation on common safeguards on good
36
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
37
Give an example of directives
1998 working time regulations passed in the U.K.
38
How does parliament scrutinise the laws the EU imposes on the EU
House of Lords EU select committee | House of Commons European scrutiny committee
39
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
40
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
41
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
42
What are the two factors that mean we have popular sovereignty
Referendums | Power of recall
43
What are the limitations of popular sovereignty
People are unqualified to make decisions
44
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
45
What are three points that contradict the claim that the U.K. has an elected dictatorship
Devolution EU law
46
What are the three points that support the claim the parliamentary sovereignty has declined in recent years
Devolution Executive dominance Referendums
47
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)
48
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