Relations between the branches Flashcards
What is the role of the Supreme Court?
It is the final court of appeal for all United Kingdom civil cases, and criminal cases from the UK. It concentrates on cases of the greatest public and constitutional importance.
What is the current composition of the Supreme Court?
- Average age - 68 (as of 2025)
- As of January 2025, 2/12 are women
- As of January 2025 10/12 have pursued their higher education at either the University of Oxford or the University of Cambridge
What is an example that Judicial independence is Upheld?
In 2019, the Supreme Court examined whether decisions of the Investigatory Powers Tribunal were subject to judicial review. The Court held that judicial review could not be entirely excluded, reinforcing the principle that executive actions remain subject to legal scrutiny. This decision affirmed the judiciary’s independence in upholding the rule of law. CRA 2005 - separated the role of Lord Chancellor - limiting it to a mainly political role
What is an example that Judicial independence is not upheld?
- In the case of R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland, the Supreme Court unanimously ruled that Prime Minister Boris Johnson’s advice to the Queen to prorogue Parliament for five weeks was unlawful. This decision was met with criticism from some political figures who argued that the judiciary had overstepped its boundaries and intervened in political matters, thereby questioning the court’s independence.
- In August 2024, the Supreme Court denied Shamima Begum’s appeal to regain her UK citizenship, upholding the Home Secretary’s decision to revoke it on national security grounds. The ruling was criticized by some human rights advocates who argued that the court’s decision was influenced by politics, potentially undermining its independence
What is an example that Judicial neutrality is Upheld?
In 2019, the Supreme Court upheld the government’s ‘bedroom tax’ policy, which reduced housing benefits for tenants with spare bedrooms. Critics argued that the policy disproportionately affected vulnerable groups, and the Court’s decision was seen by some as lacking sufficient consideration of social justice concerns, perhaps affected by their own potential biases.
What is an example that Judicial neutrality is not upheld?
- n 2023, the Supreme Court addressed the environmental responsibilities of corporations. The court held that companies must consider the environmental impact of their operations, even when not explicitly required by law. These decisions reflect the court’s impartial application of legal principles to promote environmental protection.
- Bull v Hall (2013): the Supreme Court ruled that a guesthouse owner’s refusal to accommodate a same-sex couple, based on religious convictions, constituted unlawful discrimination. This decision reinforced the principle that personal beliefs cannot justify discriminatory practices, demonstrating the court’s commitment to neutrality and adherence to established legal standards.
What is an example of the Supreme Court ruling minister’s actions as ultra vires?
The Supreme Court ruled that the fees for individuals to bring claims to an employment tribunal were unlawful, as they interfered with the right of access to justice. The Court found that the Lord Chancellor’s (2013) decision to impose these fees was ultra vires because it went against the principles of justice
What is an example of the Supreme Court ruling government’s actions as ultra vires?
The government’s prorogation was found to be ultra vires because it was an abuse of power, with no reasonable justification for the length and timing of the prorogation. The government’s prorogation was found to be ultra vires because it was an abuse of power, with no reasonable justification for the length and timing of the prorogation (2019)
What is an example of judicial review?
The Supreme Court ruled that the government could not trigger Article 50 without an Act of Parliament, as it required the use of statutory powers granted by Parliament, which could not be altered by executive prerogative alone
What is an example of how judicial review is protected?
Section 6 of the HRA Act makes it unlawful for a public authority to act in a way that is incompatible with conventional rights.
What is an example of a supreme court ruling on devolved matters?
In 2022, the Lord Advocate referred the proposed Scottish Independence Referendum Bill to the Supreme Court to determine whether the Scottish Parliament had the authority to legislate for a second independence referendum without the UK Parliament’s consent. The Supreme Court concluded that the proposed bill was outside the legislative competence of the Scottish Parliament.
What is an example of how the EU’s goal to promote peace and well-being was achieved?
- 2012 - EU awarded Nobel Peace Prize “for its contribution to the advancement of peace”,
- Copenhagen criteria - rules that define whether a country is eligible to join the EU e.g: Respect for human rights, Protection of minorities,
-The EU has played a major role in mediating Serbia-Kosovo tensions, working toward a normalization agreement.
What is an example of how the EU’s goal to promote peace and well-being was not achieved?
EU becoming an increasingly divisive issue in member states: Success of Eurosceptic parties April 2022: Marine Le Penn (leader of the far-right National Front) - eurosceptic, opposed the EU, calling it an undemocratic bureaucracy.
What is an example of how the EU’s goal to eliminate internal borders was achieved?
Schengen Agreement: 23/27 member states and 4 members of the European Free Trade Association have abolished border control -> Approximately 1.7 million people cross internal borders within the Schengen Area each day for work or study purposes
What is an example of how the EU’s goal to eliminate internal borders was not achieved?
The 2015 migrant crisis led to some Schengen states reinforcing border controls, and free movement has been challenged. The COVID-19 pandemic led to temporary border controls and restrictions of varying degrees and natures depending on member states rules.
What is an example of how the EU’s goal for a single market was achieved?
Euro coins and notes issued in 2002 (Maastricht treaty). 20 countries in the eurozone. The Treaty of Rome (1957) created a common market for most other goods without tariffs and quotas. Amsterdam Treaty (1997) facilitated the removal of borders and harmonised workers’ rights.
What is an example of how the EU’s goal of a single market was not achieved?
Members still retain tax systems and distinct markets for energy and transport, some critics argue that the ‘red tape’ of EU regulation can harm economic growth.
What is an example of how the EU’s goal for Social and economic cohesion was achieved?
- Right enshrined in various EU treaties: political right - right to participate in European parliament, employment - right to equal treatment - all protected by Charter of Fundamental Rights,
- European social fund - train programmes to help EU citizens to enter common labour market,
- Cohesion Fund - infrastructure projects e.g Superfast broadband plan (2012) increases broadband speeds in scotland encourage businesses
What is an example of how the EU’s goal for Social and economic cohesion was not achieved?
Same-sex marriages not allowed in every country: In 2022, The European Commission took Hungary to the Court of Justice of the EU, over a national law that it said discriminated against the LGBTQ+ community.
What is an example of how the EU’s goal for economic and Monetary Union was achieved?
- 20/27 - European single currency - eliminate non-tariff barriers,
- Fiscal stability treaty (2012) - an intergovernmental treaty which required surplus budgets.
- Next generation Eu 2020 - authorises the European Commission to borrow in order to provide grants and loans to members struggling to recover after the pandemic - movement towards joining borrowing - economic & fiscal union
What is an example of how the EU’s goal for economic and Monetary Union was not achieved?
Member states failed to stick to the convergence criteria that were set when joining the Euro - this led to issues After the Crash (2008/9), Ireland, and Greece required bailouts they were expected to follow the 2012 Fiscal Compact treaty. Fiscal stability treaty (2012) - many members still fail to meet these budget targets.
What is an example of how the EU’s goal to promote its values globally was achieved?
customs union - common tariffs - collective bargaining power. Brussels effect: global effect on products, Soft power
What is an example of how the EU’s goal to promote its values globally was not achieved?
no military force, foreign policy remains intergovernmental - rely on economic sanctions 2022 - banned almost $43.9 billion in exports to Russia, froze 21.5 billion in assets
What is intergovernmentalism?
where states voluntarily cooperate and make agreements, with national sovereignty preserved by being able to veto
