Relations Between Institutions

Question 1

Executive VS Parliament (x6)

Answer 1

Large majorities and use of whips can lead to an elective dictatorship

Salisbury Convention

Can obstruct select committees such as when Theresa May stopped the Home Affairs Committee from interviewing Andrew Parker
Henry VIII Bills (secondary legislation)

Decrease in prerogative powers e.g. declaring war or elections

Backbench Business Committee gives MPs more power

Theresa May’s minority government had a record number of 69 losses

Question 2

Challenges to the Supreme Court (x3)

Answer 2

Low judicial independence as in 2011 Lord Phillips argued that the coalitions cut of spending to the court system caused the Supreme Court to have to rely on funding from the Ministry of Justice

Parliamentary sovereignty can overrule any Supreme Court decision

Lack of diversity as in 2015 Lady Hale called for greater diversity as most Supreme Court justices were Oxbridge straight white men

Question 3

The Supreme Court (x4)

Answer 3

Created in 2009 by the 2005 Constitutional Reform Act

Independent Judiciary replacing law lords and lord chancellor

Selected by Independent Judicial Appointments Commission

Judicial review means that the Supreme Court can make a ‘declaration of incompatibility’ meaning they believe new legislation to be incoherent with existing law, especially the HRA 1998

Question 4

Judicial Independence (x4)

Answer 4

Free from government influence

Not influenced by personal political opinions

Security of tenure

Has opposed government decisions such as in the 2017 case of R(Miller) V Secretary of State for Exiting the European Union or deeming Johnson’s prorogation of Parliament as unlawful

Question 5

European Union (x3)

Answer 5

Originally the European Economic Community, its aims include promoting peace, ENLARGEMENT, a single market, social policy and a political union

The single market aims to provide the four freedoms: goods, services, people and capital

The UK joined the EU in the 1972 European Communities Act

Question 6

Challenges to UK Sovereignty (x4)

Answer 6

Whilst devolved bodies such as the Scottish Parliament were established through Acts of Parliament, the 2016 Scotland Act means a referendum is needed to abolish it

Referendums pit POPULAR SOVEREIGNTY against PARLIAMENTARY SOVEREIGNTY

Judicial review and Human Rights Act (this is statute law and thus not really a challenge)

EU Membership as the EU made UK law, but the 1990 Factortame case suggests that it overrides UK law. The UK joined the EU in the 1972 European Communities Act, so can leave

Question 7

Criticism of EU (x3)

Answer 7

1990 Factortame case where EU law overrode UK law as the UK sought to restrict its waters but the Spanish fishing company Factortame sued the UK and won

‘The Social Chapter’ sought to protect worker’s rights but restricted business freedom

Qualified majority voting is undemocratic as according to Jacob Rees-Mogg ‘per head per Maltese population they have 15 times more influence in the Council of Ministers’

Question 8

5 Step Legislative Process of the EU

Answer 8

1) European Council (heads of state e.g. Boris) decide agenda
2) European Commission (civil servants) vote on proposes of EU commissioners
3) European Parliament (MEPs) vote on laws
4) Council of European Union (ministers) vote for and against laws
5) European Court of Justice ensures that Member states uphold the laws

Question 9

Qualified Majority Voting (x3)

Answer 9

Each state is allocated a number of vtoes in proportion to its population size

Jacob Rees-Mogg stated that ‘the UK has 29 votes in this system. Thus per head per Maltese population, they have 15 times more influence in the Council of Ministers’

Used in European Parliament (number of MEPs) and the Council of the European Union (needs 62 votes)