Relations Between The Branches Flashcards
What is the role of the Supreme Court?
The UK Supreme Court is the highest court in the United Kingdom. It serves as the final court of appeal for civil cases across the UK and for criminal cases in England, Wales, and Northern Ireland. It interprets and applies the law, ensures consistency in legal decisions, and reviews cases of constitutional or public importance. It also oversees the legality of government actions and protects individual rights under UK law.
Why is judicial independence important and how is it secured?
Separation of Powers – Judges operate independently from the government and Parliament.
Security of Tenure – Judges cannot be easily removed, protecting them from political pressure.
Fixed Salaries – Judges’ salaries are protected by law to prevent financial influence.
Independent Appointments – Judicial appointments are made based on merit, free from political control.
Contempt of Court Laws – These prevent interference with judicial proceedings.
These principals help uphold democratic principles and prevent interference with the legal system
How effective is the supreme court in protecting civil liberties?
The UK Supreme Court is highly effective in protecting civil liberties by ensuring government actions comply with the law and upholding fundamental rights. It plays a key role in judicial reviews and human rights cases under the Human Rights Act 1998. For example, in R (Miller) v The Prime Minister (2019), the Supreme Court ruled that Boris Johnson’s prorogation of Parliament was unlawful, protecting parliamentary sovereignty and democratic accountability.
How effective is Parliament in holding government accountable?
Parliament is generally effective in holding the government accountable through mechanisms like Prime Minister’s Questions (PMQs), select committees, debates, and votes of no confidence. However, its effectiveness can be limited by factors such as a strong government majority or party loyalty. For example, in 2022, Boris Johnson faced intense scrutiny over “Partygate” allegations of lockdown breaking gatherings at Downing Street. Parliamentary committees, media pressure, and MPs’ resignations contributed to his eventual resignation, showing how Parliament can challenge government misconduct.
What factors explain the extent to which the legislature can control the executive?
Government Majority – A large majority strengthens the executive, while a small or no majority increases parliamentary influence.
Party Discipline – Strong party loyalty can limit MPs’ willingness to challenge the government.
Select Committees – These scrutinise policies and hold ministers accountable.
Votes of No Confidence – Can remove a weak government.
House of Lords – Can delay and revise legislation but cannot block it permanently.
Has the balance of power shifter from the executive to the legislature?
The balance of power in the UK generally favors the executive, especially when it has a strong majority. However, at times, the legislature has reasserted control, particularly in cases of a weak or divided government. For example, in 2019, during Brexit, Parliament took control of the agenda to pass legislation preventing a no-deal Brexit against Boris Johnson’s wishes. This showed a temporary shift in power, but the executive regained dominance after the 2019 election gave Johnson a large majority.
To what extent is the UK parliament sovereign?
The UK Parliament is legally sovereign, meaning it can make or unmake any law. However, its sovereignty is limited in practice by factors such as devolution, international obligations, and judicial oversight. For example, in 2023, the UK Supreme Court ruled against the government’s Rwanda asylum plan, stating it was unlawful under international human rights laws. This demonstrated how the judiciary can check executive decisions, limiting Parliament’s ability to legislate freely in areas constrained by legal and human rights obligations.
In what ways did EU membership impact the UK?
Legal Supremacy – EU law took precedence over UK law in certain areas, limiting parliamentary sovereignty (e.g., Factortame case).
Trade and Economy – The UK benefited from free trade within the EU but had to follow EU regulations and contribute to the budget.
Freedom of Movement – Allowed UK citizens to live and work in EU countries, but also led to debates over immigration.
Political Influence – The UK helped shape EU policies but had to compromise on shared decision-making.
Brexit (2016) ended these impacts, restoring full parliamentary control but introducing new challenges in trade and regulation.
To what extent is the EU a successful organisation?
Positives:
Economic Integration – The Single Market boosts trade and economic growth.
Peace and Stability – Has helped maintain peace in Europe since WWII.
Free Movement – Enables travel, work, and study across member states.
Global Influence – Acts as a major global player in trade, climate change, and human rights.
Negatives:
Bureaucracy – Complex decision-making can slow progress.
Economic Disparities – Wealthier nations sometimes bear the financial burden of weaker economies (e.g., Greece’s debt crisis).
Political Divisions – Brexit and rising nationalism show internal tensions.
Why is the location of sovereignty in the UK difficult to determine?
The location of sovereignty in the UK is difficult to determine because of the complex relations between the branches of government and the evolving nature of constitutional practices.
Parliamentary Sovereignty – Legally, Parliament is supreme and can make or change any law.
Executive Power – The government (executive) often dominates due to party control and a strong majority in Parliament.
Judicial Review – The judiciary can limit government actions, particularly with human rights protections and EU law (though this was reduced after Brexit).
Devolution – Powers are now shared with devolved governments in Scotland, Wales, and Northern Ireland, complicating the idea of central sovereignty.
