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
