relations between the branches Flashcards
1
Q
what is the government divided into
A
legislature
judiciary
executive
2
Q
role of the judiciary
A
- uphold the will of parliament and interpret laws
- ensure justice and fair trial
- protect rights and liberties
- set precedents- lower courts have to follow
3
Q
what is the supreme court
A
- highest court in the UK and was previously the HoL, and acts as a final court of appeal across the UK (apart from criminal in Scotland)
-they hear appeals on issue with relevance to wider public or constitution
-made up of 12 justices
4
Q
what changes did the constitutional reform act 2005 cause
A
- supreme court separate from HoL and Law Lords
- lord chancellor was no longer head of judiciary
5
Q
structure of court system
A
UK supreme court
court of appeal
high court
crown court (criminal)/ county court (civil)
magistrates court (criminal)/ tribunal (civil)
6
Q
define judicial neutrality
A
expectation that judges will exercise their functions without personal bias
7
Q
how is judicial neutrality exercised
A
- judges must refuse to sit a case if there is a conflict of interest
- they can educate the public on the basis of educating them, but cannot engage with any political activity
8
Q
how is judicial neutrality undermined
A
- predominately white, old men “male, pale and stale”
- all but two attended oxbridge
- lady hale was the only justice to dissent on a case involving a prenuptial agreement, where she argued the majority who would lose out will be women
- growing judicial activism
9
Q
define judicial independence
A
judges must be free from political interference
10
Q
how is judicial independence exercised
A
- judges cannot be removed from office unless they break the law
- judges salaries are paid directly and independently
- judicial appointment commission and selection commission are transparent in their procedure of picking a new judge
11
Q
how is judicial independence undermined
A
- lord phillips argued court system should set their own budgets as coalition cut their funding
- government still has a say in the final decision of appointing judges
- growing trend of ministers criticising judges’ rulings
12
Q
aims of the EU
A
- promote peace to avoid conflict within europe
- promote economic growth by breaking down trade barriers
- sustainable development based on balance economic growth
- offer competitive market economy
- combat social exclusion and discrimination
- promote scientific and technological progress
- respect culture and linguistic diversity
- introduction of a single currency (euro) by limiting uncertainty with fluctuating exchange rates- UK opened out
- advance in workers rights and equal social rights
13
Q
what are the 4 freedoms of EU
A
- movement of goods- removal of custom duties and other trade tariffs
- movement of services- allows EU companies to be set up in other EU countries
- movement of people- EU nationals have the rights to live and work in any EU member state
- movement of capital- allows capital and payments to move freely
14
Q
EU institutions
A
- european commission- propose eu laws and enforce them, prepares eu budget, consists of nominated officials for each member
- european council- heads of governments, take key strategic decisions
- council of the eu- ministers from member states, discusses different policy, takes decision on whether to adopt legislation
- european parliament- directly elected, co-decision on most legislation, can accept or reject nominations to the commission
- ECJ- enforces eu law, resolves disputes
15
Q
role of eu in policy making
A
- european council can negotiate new treaties, which is then voted in by parliament and ratified by each member state individually
- passing and enforcing directives- goal for all member states like working time directive (48 hour week) and is implemented through members passing their own legislation
- passing and enforcing regulations- binding on all member states and is immediately enforceable like 2015 regulation on common safeguards on goods imported from outside of EU
