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Politics > Relations Between The Branches > Flashcards

Relations Between The Branches Flashcards

1
Q

Explain the role and composition of the UK Supreme Court

A
  • Opened in October 2009 following the Constitutional Reform Act of 2005 - repaced the Law Lords
  • Consists of 12 members - e.g cases 2016/17 11 judges sat on the case over whether Parliament or the government should initiate the UK leaving the EU
  • The Supreme Court hears appeals on points of law + makes decisions regarding government institutions
  • The Lord Chancellor was a cabinet minister + the head of the judiciary responsible for appointing judges
  • Appointments to the Supreme Court are made by an independent selection commission who recommend candidates whose then apporved or rejected by the Lord Chancellor
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2
Q

Explain how Judicial Appointments work

A
  • They’re nominated by a 5 member independant Selection Commission + member of Judicial Appointments Commission
  • The Lord Chancellor then confirms or rejects the nomination (cannot continue rejecting) - confirmed by PM + Monarch
  • They must have served as senior judges for at least 2 years or been a qualified lawyer for at least 15 years - mandatory retirement at 75
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3
Q

Explain the type of cases the Supreme Court hears

A
  • Supreme Court is the only UK wide court - final court of appeal for judgements made in lower courts
  • Hears cases of significant public + constitutional importance
  • Used to** interpret the application of EU law in UK**
  • Rules as to whether devolved authorities have acted outside their powers
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4
Q

Explain why the Constitutional Reform Act 2005 was implemented

A
  • Implemented due to concerns over the incomplete seperation of powers as the Law Lords sat in the HOL
  • Criticism of opaque system where senior judges as the Law Lords were apointed - there wasn’t an Appointments Commission it was often cronyism
    ** Failure to understand the distinction in roles** between the HOL + judicial functions
  • Now justicies aren’t automatically given peerages
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5
Q

Define judicial independence

A
  • Principle that those in the judiciary should be free from political control or coercion - allows them to ‘do the right thing’ without fear of consequences
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5
Q

Define judicial neutrality

A
  • Where judges operate impartially (without personal bias) in their judgements - essential due to rule of law
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5
Q

Explain how the Supreme Court exerts the Rule of Law

A
  • Rule of Law = key doctrine of the UK constitution under which justice is guaranteed to all
  1. No one can be punished without trial
  2. No one is above the law + everyone is subejct to the same justice
  3. General principle of the constitution (e.g personal freedoms) results come from judges decisions not parliamentary statute
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6
Q

Explain how the Supreme Court exerts judicial independence

A
  • ‘Security of tenure’ - means that judges have open-ended terms - so politicians cannot fire them for their behaviour
  • Justices can only be removed through impeachment requiring a vote in both the HOC + HOL
  • Guaranteed salaries from the consolidated funds -politicians cannot manipulate their salaries as a form of control
  • Contempt of Court = offence - media, ministers etc are prevented from speaking publicy whilist legal proveedings are occuring - justices face no pressre from politicians
  • Independant Appointments Commission = greater transparency in the proess
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7
Q

Explain how the Supreme Court exerts judicial neutrality

A
  • Relative anonymity of senior judges- they’re allowed to avoid having to openly defend their ruilings
  • Restriction on political activity -cannot campaign on behalf of a political party or pressure group - polticial views shouldn’t be public record
  • Legal justification - judgements must be rooted in law not personal bias
  • High-level training - judges training is regulated by the Law Society - minimum of 15 years as a barrister + 2 as a senior judge
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8
Q

Explain the threats to judicial independence

A
  • Politicians criticise ruilings such as when Johnson criticised the Supreme Court ruiling that both his prorogations of Parliament were unlawful
  • The Lord Chancellor (Justice Secretary) still gets one veto over each appointment
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9
Q

Explain the threats to judicial neutrality

A
  • Narrow recruiting pool from which justices + senior judges are drawn from most of which are white,male,old + privately educated
  • There has been an increasing politicisation of the judiciary e.g the Daily Mail labelling the High Court judges as ‘Enemies of the People’ over their Brexit ruiling
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10
Q

Define legal, political and national soverignty

A
  • Sovereignty = final legislative authority + can act without undue external constraint
  • National Sovereignty = idea that final decision-making authority located within the nation state e.g territory
  • Legal/Political Sovereignty is supreme legal authority + the ability to exercise sovereignty in practice
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11
Q

Explain pro-Brexit sovereignty arguments and anti-brexity sovereignty arguments

A

Pro-Brexit:
* Legislation made by Parliament cannot be overturned by an external authority
* Parliament can legislate on any higher authority
* No Parliament can bind it’s successors

Anti-Brexit:
* Parliamentary sovereignty has been challenged with referendums = popular sovereignty
* EU Act 2011 introduced ‘referendum lock’ under which any future treaty transferring power from UK to EU

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12
Q

Explain what the Social Chapter is and the UK’s conflict with it

A
  • Social Chapter; measures to protect rights of workers but Major opted out as the** didn’t want UK businesses to be held back by ‘red tape’ **
  • New Labour signed up for the Social Chapter; right to annual leave, parental leave
  • Coalition government made it difficult to claim for unfair dismissal from 1 year to 2 years
  • **European Court of Justice **ruled that tradesmen travelling to a job had to count towards the **maximum 48 hour working week **- Cameron said this would **increase business leaders costs too much **
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13
Q

Explain the EU’s regulation on deep-sea fishing and the Factortame Case

A
  • EU regulated quotas for deep-seat fishing + fishing boats to have access in all EU areas
  • UK fishers said it would drive them out of business
  • Factortame case sued UK government for restricting access to UK waters - ECJ ruled the 1988 Merchant Shipping Act wasn’t valid due to conflict with EU law (took precedent)
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14
Q

Explain many reasons which argue that Parliamentary Sovereignty is intact

A
  • Parliament kept its sovereignty when entering the EU - could repeal the 1972 European Communities Act to leave
  • Political soverignty is given to Parliament through the mandate from the people = legal sovereignty
  • Judges cannot strike out incompatible legislation with the HRA - up to Parliament
  • Devolved bodies have been transferred powers but these powers can be abolished by Parliament
  • Parliament is the ultimate legal authority
15
Q

Explain many reasons which argue that Parliamentary Sovereignty is not intact

A
  • UK Parliament cannot abolish or ignore the Scottish Parliament (Sewel Convention - where UK legislation on matter devolved to Scotalnd were not considered a legally enforceable obligation) or ignore a referendum
  • Soveriegnty is less important due to globalisation - power is shared internationally e.g EU
  • Executive dominates Parliament - whips, majorities
16
Q

Explain how Parliamentary sovereignty was affirmed during Brexit

A
  • 2016 UK Electorate voted 51.9% to 48.1% to leave the EU with **72.2% turnout **
  • May implemented Article 50 part of 2009 Lisbon Treaty which sets out process to leave
  • Referendums are advisory not legally binding - can be ignored by Parliament
  • Due to** judicial review May’s triggering of Article 50** without Parliament’s consent she had to take to Parliament for a vote
17
Q

Explain how the EU’s single market operates

A

Single European Markets
* Internal market with freedom of movement of goods, services, persons + capital
* Member states restricted from imposing duties/taxes on another EU state - removed border restricitons
* Qualifications across the EU are recognised
* Freedom of **movement of people - same rights; pay, social security + housing **
* Free movement of capital - restrictions on capital e.g buying currency + buying foreign investment
* Created 2.5 million jobs + increased GDP by 15%

18
Q

Explain how the EU’s
economic, social + territorial cohesion operates

A

Economic, Social + Territorial Cohesion
* Reduced the disparity between member states a EU promotes employment + social protections - **poorer regimes recieve money from EU Structural Funds **
* Economic EU policies criticised on basis of reducing competiveness, higher public spending + not tackling inequality

18
Q

Explain how the EU’s Economic + Monetary Union operates

A
  • Maastricht Treaty’s ‘convergence criteria’ (low inflation + debt levels) can abolish national currencies for the Euro
  • European Central Bank aim for low inflation - by **2024 20/27 **EU states were in the Eurozone
  • EU created new funds to bail out 5 member states + cut public spending
  • 2012; Fiscal Compact Treaty established stricter rules + sanctions on budget deficts
  • Negatives; loss of sovereignty - no national soveriegnty over their currency, one-size fits-all policy on interest rates which might not suit all states
19
Q

Explain how the EU’s Area of Freedom, Security + Justice operates

A
  • EU citizens enjoy **freedom of movement; external border controls, asylum immigration, criminal justice, policing + judicial cooperation **
  • e.g. **Europol, Interpol, European Arrest Warrents **
20
Q

Explain how the EU combats Discrimination + promotes Equality

A
  • EU has created rights with EU citizenship - **rights to vote in EU Parliament + local elections **
  • Right to permanenet residence after 5 years
  • Discrimination is banned across the EU + EU worker’s rights; limiting working hour, improving health + safety + discriminatory practices
  • EU Charter of Fundemental Rights (2000) - legally binding with Lisbon Treaty - entreches ECHR rights
21
Q

Explain arguments for and against whether the EU has met its aims

A

Agree:
* Single market of 500 million consumers promotes trade + properity
* Extended worker’s rights + promoted economic growth of poorer regions
* Extended citizens rights = rights to live + works in EU state
* Increased political union coordinates action on criminal justice + immigration

Disagree:
* Single market is incomplete + over reguated - weak economic growth
* Socioeconomic policy = inequality
* Economic + monetary union = states with large states + austerity
* Opposition to migration issues

22
Q

What are all the key events/treaties in the history of the EU

A
  1. 1952 ECSC - European Steel + Coal Community (supranational)
  2. 1958 EEC - European Economic Community - formed** customs union **
  3. 1973 Enlargement - UK, Ireland + Denmark joined
  4. **1985 Single European Act - single market **
  5. 1991 Maastricht Treaty - timetable for economic + monetary union - intergovernmental affairs
  6. 1997 Amsterdam Treaty - ‘area of freedom, security and justice’
  7. **1999 EMU - eleven states adopted the Euro **
  8. 2001 Nice Treaty - European defence policy
  9. 2004 Enlargement - EU membership = 28 states
  10. **2007 Lisbon Treaty - rejection of EU Constituional Treaty **- refernedums in France + Netherlands
  11. 2009 Debt Crisis - Greece, Ireland, Spain, Portgual + Cyprus **bailed out by EU + IMF = austerity measures **
  12. 2015 Migrant Crisis - large number of refugees fleeing - measures to** limit it to 1.2 mil in 2015**
  13. **2016 Brexit **- UK become first member to leave
23
Q

Explain the role and powers of the European Commission

A

Role:
* Executive body of the EU + **supranational body acts for the UN **+ independant member state
** President of the European Commission nominated by European Council + Parliament *

Powers:
* **Represents in trade negotiations **
* Sole right to initinitiate draft legislation
* Executes EU legislation + collects revenue

24
Q

Explain the role, powers and key details of the Council of European Union

A

Role:
* Main decision-making where gov ministers from all member states (sectoral council)

Powers:
* Develops common foreign + security policies
*** Shares legislative powers with European Parliament **
* Coordinates economic policies of member states

Details - Voting Structures:
1. Unamity; proposals will fail if 1 member states vetos a major policy
2. Qualified Majority Voting;** 55% of member states veto in favour** + proposal supported by 65% in EU pop - blocking minority of 4 states representing 35% population

25
Q

Explain the role and powers of the European Council

A

Role:
* **Heads of government + foreign ministers + President of European Commission + Council **
* EU’s key stragetic body - meets 4x yearly

Powers:
* Discusses major issues + political direction for EU
* Makes foreign policy decisions + treaties

26
Q

Explain the role, powers and details of the European Parliament

A

Role:
* 751 MEPs with seats allocated to member states sit in transnational party grous - ideology/nationality based

Powers:
* Democratic supervision; elects President of European Commission after Council nomination - holds nomination hearings
* Legislative powers - **share legislative powers with EU Council - amends + vetos legislation but cannot initate legislation **- requests budget ammendments/vetos
* **Question commissars + Council members **

Details:
* Elections every 5 years
* Locatios; Strasbourg (plenary sessions), Brussels (committee meetings) +Luxemborg (secretariat)

27
Q

Explain the role, powers and details of the Court of Justice of the EU

A

Role:
* Upholds EU law - ensures applied uniformly
* Court decides cases involving member states, EU institutions, business + individuals - national courts ask for prelim hearing on EU Law

Powers:
* Decision have extended EU competences + institutions

Details:
* Court of Justice shouldn’t be confused with ECHR (Council of Europe 1949)

28
Q

Explain arguments for and against there being a democractic defict in the EU

A

Agree:
* Legislation initiated by the Commission - aren’t directly elected
* National gov can be outvoted due to qualified majority voting
* European Parliament directly elected isn’t that powerful
* **Elections for European Parliament are dominated with national issues + low turnout - 2024 = 51.05%** (highest since 2004)
* Citizens find the EU to complex - don’t identify with it

Disagree:
* European Commission initates legislation is accountable to European Parliament - key personal nominated by national governments
* EU’s supranational bodies have autonomy in techinal issues e.g competition policy
* National gov is represented by EU Council + Council of the EU - lots of negotiations
* European Parliament has legislative power
* **EU doesn’t control education, tax **etc

Politics (11 decks)

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