relations between the branches Flashcards
what is the government divided into
legislature
judiciary
executive
role of the judiciary
- uphold the will of parliament and interpret laws
- ensure justice and fair trial
- protect rights and liberties
- set precedents- lower courts have to follow
what is the supreme court
- 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
what changes did the constitutional reform act 2005 cause
- supreme court separate from HoL and Law Lords
- lord chancellor was no longer head of judiciary
structure of court system
UK supreme court
court of appeal
high court
crown court (criminal)/ county court (civil)
magistrates court (criminal)/ tribunal (civil)
define judicial neutrality
expectation that judges will exercise their functions without personal bias
how is judicial neutrality exercised
- 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
how is judicial neutrality undermined
- 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
define judicial independence
judges must be free from political interference
how is judicial independence exercised
- 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
how is judicial independence undermined
- 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
- “legislators in robes”- finch vs surrey county council, said it argued against climate change but some say it is not up to judges to decide
aims of the EU
- 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
what are the 4 freedoms of EU
- 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
EU institutions
- 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
role of eu in policy making
- 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
stages of passing and enforcing eu law
- council sets broad guidelines for the commission
- commission proposes new law
- council and parliament jointly decide on adoption of new law
- implemented by the council and the commission
- any disputed handled by ECJ
disputes between UK and EU
- common fisheries policy aim was to regulate fish stock by introducing a quota however the factortame case was an example of EU law overriding UK law
=> UK tried to stop spanish fishing company from fishing in their waters but EU law permitted it - major refused to sign maastricht treaty due to social chapter, which established guaranteed rights for workers
=> blair signed up to it but refused any extension in this
impact of EU on UK’s political system and policy making (before brexit)
- europeanisation- adoration of uk government structures and domestic policies to EU policies
- EU membership heightened profile of PM
- cabinet committee on european affairs was set up to develop UK policy towards the EU
- parliament used to examine EU laws
- due to devolution, some policy areas like fisheries and agriculture had to be discussed with the developed regions before consulting with the EU
- question of undermining UK’s sovereignty as EU took precedence over UK law
impact of EU on UK’s political system and policy making (after brexit)
- scotland wants a second independence referendum and will consequently rejoin the EU
- windsor framework is a simplified custom movement to allow easier movement between republic of ireland and NI
- harder trade movement
- EU withdrawal act 2018 allowed for all existing EU law to remain in UK statute books and would remain supreme over existing UK laws
- ECHR remains under human rights act but there is discussion on scrapping this
define legal sovereignty
right to ultimate legal authority in a political system and makes the laws, which is parliament
define political sovereignty
stands above legal sovereignty and is who exercises the right to hold the power, which is the electorate as they elect a government in
define parliamentary sovereignty
a form of legal sovereignty where Parliament has the ability to make or unmake any law
EU and parliamentary sovereignty
+ uk has left EU
+ enhanced political sovereignty as the UK pooled its sovereignty with other nations
- EU law takes primary over UK law
human rights and parliamentary sovereignty
+ supreme court cannot strike down laws
+ can be appealed in ECHR
+ UK could withdraw from ECHR
- judges have had the power to review cases and declare acts incompatible ( illegal migration act)
- requires judges to interpret all UK laws
devolution and parliamentary sovereignty
+ UK remains unitary state
+ Parliament retains the right to make laws on any matter
+ devolved powers can be restored
- devolution limits parliament
- devolved regions have subsequently received more powers
- policy differences between westminster and devolved regions
parliamentary sovereignty and referendums
+ parliament can ignore results
- people hold the ultimate power
- brexit referendum saw popular sovereignty overpower
power executive and parliamentary soveirngty
+ it is never constant and is dependent on majority
- theoretically executive us sovereign due to fusion of branches
- PM with large majority can have considerable power
how has parliament held the executive to account
- parliamentary rebellions (55 under johnson voted against new covid restrictions)
- opposition can compel PM for a free vote- cameron on same sex marriages
- lords have been more willing to oppose- rwanda bill
- select committees
- backbench business committee
- time for debates
- votes of no confidence
how does executive maintain dominance over parliament
- power of whips
- government and PM retain prerogative power
- government have more freedom- whether to accept recommendations, over legislative timetable
how does executive no longer have dominance over parliament
- more rebellions
- government has accepted certain restrictions like right to authorise military action
- BBC and select committee
