Relations between the branches II - unit 2 Flashcards
4
Factors that allow SC to influence the Executive and the Legislature
- Independence of the court guaranteed by law
- Can intepret law and thus affect the way in which it is implemented
- Declarations of incompatablity can be overturned, but are powerful and often headed by gov
- Uk left EU, no higher court (european court of justice) above the SC - its the highest court
3
Limitations on SC influence
- No power to enforce rulings, relies on executive and legislature to do so
- Powers of SC granted by statute law, and therefore could be weakened or overturned by parl through weakening judicial review
- UK left EU, higher chance of HRA repeal, gov seeks to entrench position as most powerful branch and remove any vestiges of foreign law, even if ECHR is not part of the eu
2
Rights are fully protected
- UK has developed its protection of civil rights by extending ways to redress grievances - alongside ability to contact MP, citizens can go to the courts who will uphold HRA 1998 - declarations of incompatability - 27, 19 confirmed since 3 from 2015-17
- Use of Judicial Review to highlight public concerns and pressure group 2016 acting on behalf of uk junior doctors started a 2 day hearing at high court in london arguing jeremy hunt acted ultra vires in trying to impose a new employment contract on junior doctors that affects pay and conditions for weekend working in particular
3
Rights are in Danger
- HRA under threat from Con - Amnesty international criticised plans from Justice Secretary Dominic Raab to replace Lab HRA with British Bill of rights - wants to slash power of ordinary to challenge gov while Raab says it protects press better from exposing wrongdoing as feared free speech being whittled away
- Use of judicial review controversial and gov seeking to weaken it - coalition restricted cases that could apply for legal aid and rose money needed for court cases
- Gov can, through Parl, rewrite leg to amend the law - Brown and Terrorists assets case - SC ruled 2010 gov did not have power to freeze assets of terror suspects without consulting parl first - brown outraged, parl passed terrorist assets freezing act 2010 - will of parl prevailed and sc could do nothing
Lord Chief Justice…
Senior judging becoming ‘voices of concern’
- Where eminated judges such as Lord Chief Justice use their elevated status within society to raise concern about a particular issue
EG Lord Chief Justice of England and Wales criticised the gov for wanting to hold ‘secret trials’ under the 2013 Justice and Security Act 2013
Lord Woolf condemned David Blunkett (Lab home sec) for prison overcrowding
3
A growth of authoritarianism in the UK
Conflict has grown in recent years between senior judges and executive - willingess of ministers to criticise the judiciary
Gov expanding own powers at expense of civil liberties
EG 2015 then Home Sec May announed a new Investigatory Powers Act of 2016 - grealty expanded electronic surveillance powers of British intelligence agencies. Civil liberties pressure group Liberty made getting rid of this act one of their key campaigns and sued gov for repeal
3
How does the Executive control Parliament
- Gov maj - Blair 178 1997, 2.5K
- Patronage of PM - control of all appointments and dismissals, power over MP
- Control of Party whips - control how they organise timetables, offices and other admin tasks, MPs can be suspended - supportive noise - blair
3
Circumstances favouring executive power
- Gov enjoys large maj - blair, defeated only x3
- Gov united around dom ideology and cabinet us united - new labour 1997-2005, thatcherism 1983-90
- Opposition weak and fragmented - 1983-92 - Lab split on left right ideas and 2015-20 - Corbyn leadership split Lab party
Weak…
Circumstances favouring parliament power
- Gov has no maj or small - May c&s agreement with dup minoruty gov, 1992 with 21 seat maj con, 2010 2 party coalition
- Gov party split on issues - 2017-19 - split over nature of Brexit and ref and 1992-97 - major con split over europe
- Leader of governing party lost popularity - 2022 truss, 1989-90 thatcher
3
The PM disciplinary advantages
- Patronage - before 2019, hunt most loyal con and never voted against tory whip
- Party whips - control backbench mp
- National platform - pm head of executive and therefore has a national media profile and can speak directly to nation - put popular pressure on MPs gaining suport for their position and against parl
3
Constitutional changes that have given parliament more control
- Removal of most hereditary peers - lords more willing to defy and exert control
- Creation of Backbench Business Committee - allowed ordinary MPs to control Parl time away from gov control - debates and private members bills
- Election of Select Committee chairs and MPs - reduced ability of whips to influence salary and standard of MP
3
Parliament is under Executive control
- Gov still relies on ‘payroll vote’ where all ministers, numbering over 100, bound by collective responsibility
- Gov still controls legislative programme and public bill committees that propose amendments
- Gov still have higher adv in resources - national platform
3
Parliament has control away from Executive
- Parl is achieving considerate influence over foreign and military policy, even voting against military interventions
- Select C increasingly influential and have come more under backbench control
- HOL more proactive and obstructive
4
Arguments to leave
- Can save 350M a week - can spend money on priorities like NHS, schools, and housing
- Can be in charge of our own borders - not be overruled by EU judges on tax etc and laws more democratic
- Control immigration - fairer system based on skills, not passport - 2M ppl came over last 10 years
- Can trade with whole world - EU stops us from signing deals with allies australia and nz and growing econ like india, and brazil - secure new opportunities and new jobs
KEY campaigners - Dominic Cummings - campaign director
3
Arguments to remain
- Jobs - around 2.5M ppl are employed in uk directly result of EU trade and 1M indirectly - 1/10 employed people - south bank uni
Remain group estimated unemployed up 820K - if we lost 1% of those jobs as a result of leaving - 30K out of work - Trade and business - our membership of EU means business in every country - market of 500M people in 28 countries - accounts for 50% UK exports
- Rights - = pay for men and women enshrined in law, maternity leave, bans on discrimination against age, race or sexual orientation
KEY campaigners - Stuart Rose - chairman, Will Straw - executive director
3
What does the European Union do
- Fighting discrimination and promotes equality, peace and EU values
- Establishing single European market and creating a monetary and economic union
- Establishing an area of freedom, security and justice without internal frontiers and developing cohesion between member states
The Institutions of the EU - The European Commission
- Proposes leg, ensured eu treaties respected and broadly responsible for policy implementation
The Institutions of the EU - The Council of Ministers
- Decision making branch
- Important decisions made by unanimous agreement, and others reached through maj
The Institutions of the EU - The European Council
- Presidents or PM in each state accompanied with foreign ministers and a full time President of European Council
- Meets x4 and provides strategic leadership for EU
The Institutions of the EU - The European Parliament
- Scrutinising assembly, not a legislature
- Its major powers too far reaching to exercise - reject the EU budget and dismiss European Commission
The Institutions of the EU - The European Court of Justice
- ECJ interprets and adjucates on EU law and treaties
- 28 judges, one from each member state and 8 advocate generals who advise the court
4
Main functions of the EU
- Customs union - member states can trade w each other w.o tarriffs
- A single market
- Econ union - a system of grants and agri subsidies for eu budget, most countries use euro
- Political union - common foreign policy and negotiate foreign powers as a single unit - human rights, econ and social rights and international law enforcement
4
Four single market freedoms for the EU
- Complete freedom of movement of goods
Complete freedom of movement of services
Complete freedom of movement of workers
Complete freedom of movement of people across borders
Protect…
‘The Social chapter’, the effect on the UK and the impact on Brexit
- Designed to protect workers rights and ensure a certain quality of life, enforced by EU - maxmum no. of hours (48), legally required breaks, holiday and sick pay and issues relating to maternity leave
Small to medium brit industries argue cost of complying is less competition in international markets - employment much cheaper in places like india and china
4
Impact of leaving EU on the UK
- Constitutional impact - parl regained all sov, eu no longer part of uk law, european court of justice no more jurisdiction
- Impact on devolved nations - scot indepence, ni border, trade deals, reciperocal agreements to let people move freely in and out of eu countries
- Impact on political parties - divisions deep in parties - johnson, may and top levels of con who supported remain side lost power like cam
- Impact on UK society and political issues - ref deep divisions in uk society
Sovereignity definition
- A power that cannot be overruled
- Source of all political powers - can delegate and can recover those powers
- Can be removed or transferred in a democracy with sepcial procedures that require popular consent
3
Legal sovereignty
- Legal power to make laws
- Parl laws supreme in all circumstances
- Can declare what the constitution is
3
Political sovereignty
- The reality of where power lies
- What the sov body can do in the face of public opinion and circumstances beyond control - could take away power from scot parl, but unthinkable
- Uk gov develops most national laws, not parl - effective sov with a democratic mandate
Functional…
Sovereignty is being divided into?
- ‘Functional gov’
- With whichever body or individual has ultimate power in a particular political issue
3
Location of functional sovereignty and where its located - the people through referendums
- Determines the opinion of the public on important constitutional referenda like scot independence or uk eu membership
- Demonstrates a de facto transfer or authority from people rep in parl through direct democracy to the public
2016 - public voted leave
73% MPs opposed, 2017 HOC voted 498 to 114 to allow gov to begin negotiations
BUT - not legally binding, only advisory - but constitutionally improbable - dangerous for gov to ignore
2
Location of functional sovereignty and where its located - the courts
- Judicial inquiries, holds gov to account, no influence of salary or firing
BUT judges cannot strike down an act of parl since they have no higher law of the constitution of which to appeal
2
Location of functional sovereignty and where its located - devolved nations/institutions
- Provides de facto evidence for a chance in location of sov
BUT in theory, west did not lose any sov powerwhen it devolved, just gave away domestic powers to scot parl and welsh and ni assemblies
Large maj…
Location of functional sovereignty and where its located - the PM/Executive
Large maj can pass laws easy, democratic mandate, parliament rarely veto leg and very rare for minority gov - haven’t had one since may
BUT weak maj can do equal damage - may, 33 defeats in whole career, 3 in brexit
3
Location of functional sovereignty and where its located - Parliament
- UK does not have codified constitution - no law higher than parliamentay statute - can make own laws
- Challenges royal preogative - exercised by PM so in certain areas Parl not sov - since debating military action in Iraq 20003 parl now expects to be consulted over military action
- Result of Fixed Terms parliament act 2011 - parl can no longer be dissolved through prerogative - PM needs a 2/3 maj
3
How does Parliament hold executive to account?
- If no electoral mandate, Commons may exercise a veto by voting down leg - May - Brexit - 3 defeats, 33 altogether, Indicative votes for Brexit - no winners on their proposals, 9 different
- Amending legislation - Rwanda Bill - 4 amendments back, banning smoking in cars that carry children amendment to children and families bill 2014
- Calling gov ministers to account during formal scrutiny sessions - Select commitees, Amber Rudd 2018 Windrush scandal
