relations between the branches Flashcards
common law
accepted norms or rules which have existed for a long time and can be declared by a court
judicial precedent
A legal principle which states that when a court makes a particular interpretation, it must be followed by all other courts.
judicial review
any citizen can apply for a review of a decision or regulation made by a public body. EG discrimination.
constitutional law
can be any form of either written, common or conventional law which affects the working of government
civil law
private disputes between individuals and organisations.
judicial neutrality
the idea that courts must remain neutral and have no political affiliation.
describe the membership of the court
12 senior judges
all have long and extensive periods of siting in UK cases
appointed by an independent panel of the country’s senior legal figures
the role of the judiciary
dispensing justice making law interpreting law establishing case law declaring common law judicial review public inquiries
role of the supreme court
final court of appeal for all civil cases in the UK
hears appeals on arguable points of law of public importance
focuses on issues of public and constitutional importance
leading interpreter of common law
how does the supreme court and the judiciary protect human rights
enforcing the ECHR
enforcing rule of law
asserting common law rights
enforcing freedom of information
rule of law
the principle whereby all members of a society are considered equally subject to publicly disclosed legal codes and processes
give examples of some human rights cases in the supreme court
BREWSTER - established equal rights for cohabiting couples
EVANS V ATTORNEY GEN - ruled that freedom of information act applied to royal family’s papers
evaluate the effectiveness of the supreme court
STRENGTHS
garunteed independence - judicial neutrality
it can set aside actions which go against the ECHR
WEAKNESSES
must wait for cases to be lodged
parliamentary sovereignty means they have limited power
judicial independence
judiciary should be independent from the other branches of government.
why is judicial independence important
for decisions to be fair, the court must act without any external pressure
some cases involve government so they must be free from govt interference
should be able to protect rights free from fear of retribution
it can be a check on executive power
what powers does parliament have over the executive
has the power to call a vote of no confidence with 2/3 vote of parliament
has the power to veto govt legislation
house of lords can delay for up to a tear
the commons can amend legislation
dissenting MPs are able to negatively affect govt decisions
a small majority or minority govt has a limited mandate
select committees are increasingly good at scrutinising govt
why is parliament power limited by the executive
an elective dictatorship - exec has full control due to FPTP
power of patronage - PM demands loyalty
laws are developed by govt and not parliament
govt controls legislative process and can block most amendments
Salisbury document means the HOL cannot block anything promised in a manifesto
how is parliament control changing
since 2010 govt has lacked a significant majority to have extensive control over parliament
Back bench control of select committees mean that the government is increasingly scrutinised and has been forced to change issues like tax evasion and armed forces equipment
HOL is increasingly proactive in blocking legislation
how does the executive still retain power
power of patronage limits the chance of rebellion.
the executive still controls the parliamentary timetable
a fragile government is often more disciplined in order to retain their power.
the four main features of the European union
customs union
free market
partial political union
partial monetary union
what are the 4 freedoms of the eu
people
goods and services
labour
capital
constitutional changes upon leaving the EU
we will regain all our national and legal sovereignty (did we ever lose it)
European court of justice will no longer have jurisdiction in the UK
the devolved Scottish govt may have a different agreement (not likely though as they are still part of UK)
the Ireland border problem EG northern Ireland and Ireland are separate countries - the backstop
what are the five main institutions in the EU and what are their roles
european court of justice - Ensuring EU law is interpreted and applied the same in every EU country
european parliament - exercises the legislative function of the EU.
european commission - Proposes new laws but also assesses how these laws may affect others by discussing with relevant bodies
european council - Sets broad guidelines for commissions in its task of proposing laws
council of the european union - Sets political guidelines and can sign international agreements with non eu states on behalf of the EU
what areas of EU policy will be affected when we leave
workers rights - social chapter
common agricultural policy
common fisheries policy
immigration from outside the EU. currently we have a quota set by EU but we could make it stricter after leaving.
legal sovereignty
ultimate legal power. no other body can overrule parliament.
political sovereignty
where power realistically lies. can move according to circumstance - RN it is more parliament due to small majority govt and he importance of brexit negotiations
how has sovereignty changed hands in the UK
parliament - never lost sovereignty to the EU
the people - referendums
devolution - asymmetrical sovereignty
supreme court - the ECHR is politically binding and enforced by SC
everyone - globalisation dilutes national sovereignty. sa we become more politically intertwined we accept that we lose certain powers. - UDHR - regional blocs
