Relations between the Institutions Flashcards
Evaluate the extent to which the UK judiciary is an effective defender of civil liberties [30]
points
echr into uk law
independence of judiciary
parliamentary sovereignty
appeal
Evaluate the extent to which the UK judiciary is an effective defender of civil liberties [30]
echr
YES 1 - ECHR INTO UK LAW HUMAN RIGHTS ACT 1998
-Whilst the UK has no codified the rights of citizens are entrenched with the ECHR which was signed into UK law with the Human Rights Act of 1998, any appeals of which go through the European Court of Human Rights in Strasbourg.
COUNTER - With the UK leaving the EU its judgements cannot be checked by a higher court
Evaluate the extent to which the UK judiciary is an effective defender of civil liberties [30]
independence of judiciary
YES 2 - INDEPENDENCE OF JUDICIARY
-Following judicial reform in 2005 most judges are now appointed by a Judicial Appointments Committee which is politically independent and is comprised of senior members of the courts in England, Scotland and Northern Ireland. This means situations such as those in USA with Brett Kavanaugh are avoided.
COUNTER - Some say that the Supreme Court comes from a very small social background that does not represent the UK as a whole (only one woman) and some claim that if people have such power they should be appointed.
Evaluate the extent to which the UK judiciary is an effective defender of civil liberties [30]
parliamentary sovereignty
NO 1 - PARLIAMENTARY SOVEREIGNTY
- The Supreme Court cannot overrule the soveriegnty of parliament
- Even after cases have been heard at the European Court the UK can ignore them based on parliamentary as seen with the Belmarsh prisoners voting rights case.
COUNTER - Supreme Court cannot overrule the soverignty of Parliament but it can declare proposed legislation incompatible with the ECHR, which is influential as s
Evaluate the extent to which the UK judiciary is an effective defender of civil liberties [30]
appeal
NO 2 - MUST WAIT UNTIL APPEAL IS LODGED
-The Supreme Court does not have the power to activate its own cases but must wait for appeals to be lodged. This means a law can stand for years prior to the appeal process eventually calling it unconstitutional
COUNTER - SC judgements are largely respected e.g. article 50
Evaluate the extent to which the UK Parliament is sovereign [30]
points
entrenchment
judiciary limited
referendums
devolution
Evaluate the extent to which the UK Parliament is sovereign [30]
entrenchment
YES 1 - NO ENTRENCHMENT IS POSSIBLE
-Cannot be bound by past nor by future Parliaments
-most of the Constitution is conventional - Parliament are not tied down/limited
COUNTER - It is highly unlikely that many old acts will be repealed - votes for women, death penalty etc
Evaluate the extent to which the UK Parliament is sovereign [30]
limited judiciary
YES 2 - THE JUDICIARY IS LIMITED
-Supreme Court cannot strike down Acts
-European Court Human Rights can only indicate deviation from the Convention e.g. prisoner voting rights
COUNTER - It is custom for parliament’s to respect the learned judgement of the courts e.g. article 50
Evaluate the extent to which the UK Parliament is sovereign [30]
referendums
NO 1 - REFERENDUMS = PUBLIC SOVEREIGNTY
- Becoming increasingly frequent due to fall out of party politics
- Undemocratic to ignore in the 21st century
- COUNTER - Referendums not legally binding. Large calls to revoke Article 50 (ignore brexit referendum)
Evaluate the extent to which the UK Parliament is sovereign [30]
devolution
NO 2 - DEVOLUTION UNDERMINES WESTMINSTER
- Scotland may vary income tax and Wales/NI have delegated powers to control public transport
- SNP growing membership shows still large calls for further devolution
- COUNTER - Delegated powers have been set by Parliament and legally can be retracted at any moment
Evaluate the extent to which the Supreme Court can control the governmental power [30]
points
judicial independence
legislation interpretation
parliamentary statute
must await appeal
Evaluate the extent to which the Supreme Court can control the governmental power [30]
judicial independence
YES 1 - JUDICIAL INDEPENDENCE
- Supreme Court Act 2005 removed ambiguity over the role of Lord Chancellor meaning Parliament has no political influence
- Also, meant judicial appointments were made by the JAC ‘Judicial Appointments Committee’
COUNTER - Some say that the Supreme Court comes from a very small social background that does not represent the UK as a whole (only one woman) and some claim that if people have such power they should be appointed.
Evaluate the extent to which the Supreme Court can control the governmental power [30]
legislation interpretation
YES 1 - LEGISLATION INTERPRETATION
-Whilst the Supreme Court cannot alter legislation it can interpret legislation as it sees fit.
Evaluate the extent to which the Supreme Court can control the governmental power [30]
parliamentary statute
NO 1 - PARLIAMENTARY STATUTE
-The Supreme Court cannot ‘strike down’ parliamentary legislation but only interpret it.
-The Supreme Court cannot overrule the soveriegnty of parliament
-Even after cases have been heard at the European Court the UK can ignore them based on parliamentary as seen with the Belmarsh prisoners voting rights case.
COUNTER - Supreme Court cannot overrule the soverignty of Parliament but it can declare proposed legislation incompatible with the ECHR, which is influential as s
Evaluate the extent to which the Supreme Court can control the governmental power [30]
must await appeal process
NO 2 - MUST AWAIT FOR APPEALS TO BE LODGED, CAN’T BEGIN CASES BY THEMSELVES
-The Supreme Court does not have the power to activate its own cases but must wait for appeals to be lodged. This means a law can stand for years prior to the appeal process eventually calling it unconstitutional
Evaluate the belief that the balance of power between the executive and parliament has markedly shifted towards parliament [30]
points
pm patronage
timetable
3rd party vote
committees
Evaluate the belief that the balance of power between the executive and parliament has markedly shifted towards parliament [30]
pm patronage
EXECUTIVE 1 - PM PATRONAGE + WHIP SYSTEM
-Idea that PM is in charge of Cabinet system meaning loyalty is rewarded rather than going against executive. As seen with Theresa May bringing back Amber Rudd into her cabinet as Secretary of State for Work and Pensions despite resigning over the Windrush Scandal as Home secretary.
Evaluate the belief that the balance of power between the executive and parliament has markedly shifted towards parliament [30]
timetable
EXECUTIVE 2 - Executive controls Parliament timetable
-PM and executive chose what should be debated which means they can likely focus upon the areas which they wish to change rather than issues other parts of Parliament may feel. E.g. Theresa May bringing back a vote on her Brexit deal 3 times despite losing by 230 votes.
COUNTER - Letwin amendment which meant the government had to give Parliament indicative votes and what MP Bill Cash described as a ‘constitutional crisis’
Evaluate the belief that the balance of power between the executive and parliament has markedly shifted towards parliament [30]
3rd party vote share
PARLIAMENT 1 - Rise of third party vote share
- Since 2005, no dominant or decisive Commons majority
- 1979, third party seats were at 11 and the two main parties won 95.8% of seats
- This peaked in 2005 when third party seats won by the Lib Dems under Charles Kennedy were 62 and the two main parties won just 85.6% of seats
- However, some would say these parties are simply concerned with short term issues. E.g. UKIP concerned with Brexit seeing their 3.8 million votes in 2015 fall to just 590,000 in 2017. Furthermore, SNP concerned with Scottish Independence, following the 2016 Scotland Act which granted further powers to Scotland such as over taxation saw their votes fall from 56 in 2015 to 35 in 2017
Evaluate the belief that the balance of power between the executive and parliament has markedly shifted towards parliament [30]
select + backbench committees
PARLIAMENT 2 - Select +backbench committees increased power
Successful reforms in the House of Commons have been over select committees. The chairs of select committees have been granted additional salaries, raising their prominence and in 2010 the introduction of using elections among MP’s as opposed to government appointment of members has increased the independence of select committees. This is very important as select committees are created to scrutinise the government, so need independence. The Backbench Business Committees introduction in 2015, which gave 20 parliamentary days to backbench MPs to debate topics of their choosing has increased the prominence of backbenchers such as Jacob Rees-Mogg. The increased status of such backbench MPs has allowed for more healthy debate.
-The Liason committee holds the PM to account more
COUNTER - Government still controls the Public Bills Committee which proposes legislation amendments
