Relations between institutions Flashcards
What are the three branches of power in the UK?
A fusion of powers
Executive- take and implements decisions and policy
Legislature- makes laws
Judiciary- judges interpret the law through rulings made in in court cases
Explain the changes to the role of the lord chancellor
Constitutional Reform Act 2005
Lord chancellor previously functioned as: Cabinet minister (exec., still does) Chairman of sittings in the Lords (leg. , now done by the lord speaker) Head of judiciary, appointing judged (jud. replaced by JAC)
How politicised is the SC?
It is supposed to be neutral and independent
NEUTRALITY-
No conflict of interests or public activities inc. charity
Small demographic, lacks representation and diversity
Transparent- allows for scrutiny
INDEPENDENCE-
JAC are apolitical
Ministers cannot decide Judge’s pay
Physically separation since 2005
How can the SC influence the exec. ?
Judicial review
Investigate into whether they have acted ultra vires
HRA- ‘declaration of incompatibility’
What factors made lead to exec. dominance?
FPTP giving strong majorities
Whipping system and PM’s patronage
Gov can set agenda and dominate legislative timetable
Salisbury convention and Parliament act limits strength of opposition
When was the last time a vote of no confidence removed government?
Callaghan in 1979
Arguments for the gov’s control over parliament being reduced
- Increase in Commons REBELLIONS
- PREROGATIVES are restricted by conventions eg taking military action, and law like the Fixed Term
- BACKBENCH BUSINESS Committee since 2010 has given backbenchers more control on debate
- Growth in power for SELECT committees, as can elect chair
- Lords has NO MAJORITY, and Govs. in recent years have lacked strong majorities
Arguments against the gov’s control over parliament being reduced
- WHIPS AND PATRONAGE of PM
- Strong MAJORITY eg BoJo minimises likelihood of defeat
- MANDATE and Salisbury Convention
- Gov sets AGENDA and timetable, limit time for Private Member’s bills
- Ministers can BLOCK select committees from summoning officials to their HEARINGS
- DONT HAVE TO ACT on Committee reports
When did the UK join the EU?
1973
Explain a brief timeline of the EU
1950- European Coal and Steel Community ECSC formed (without UK) to remove control of key war making materials from an individual nation
1957- Treaty of Rome creates European Economic Community
1973- Britain and Ireland join
1975 ref- Britain vote to stay in EEC
1992- Treaty of Maastricht made EC become EU
List some goals of closer European integration
- Promote PEACE
- ECONOMIC integration and the SINGLE MARKET (creation of the four freedoms)
- EMUnion (creation of single currency) 1999
Britain and Denmark exercised right to opt out - ENLARGEMENT
- SOCIAL POLICY- to help workers from discrimination
- POLITCAL UNION
What are the four freedoms?
Single European Act 1986
MOVEMENT- of goods, services and capital within the EU’s single market
Name explain the five EU institutions, their functions, and whether they’re intergovernmental or supranational
- supra. EUROPEAN COMMISSION, proposes and enforces EU law and budget, consists of nominated officials from each member state gov.
- intergov. THE EUROPEAN COUNCIL, key strategic decisions, heads of gov of member states
- intergovernmental. COUNCIL OF EU, decisions on whether to adopt legislation eg trade, environment, agriculture, consists of ministers from member states
- supra. EU PARL., directly elected, input on budget, accept or reject nominations to Commission, decides legislation. with Council
- supra. EUROPEAN COURT OF JUSTICE, enforce EU law, resolve disputes between member states
What two case studies relating to the EU must you know?
Common fisheries and
?Social Chapter?