Relationship between branches Flashcards
What 2 ways can the Supreme Court attempt to curtail the other branches?
Issue a declaration of incompatibility
Declare that the government has committed ultra vires (going beyond it’s power)
Why is the Judiciary often seen as subordinate to the legislature?
Due to Parliamentary sovereignty. The judges have to rule according to the statue which parliament passes.
Which law particularly empowered the Judiciary against the executive
The Human Rights Act 1998 - It brought the ECHR into Law and meant that the judiciary could more easily rule against the actions of the executive that could be seen to infringe human rights.
What example can you use when the judiciary ruled against the actions of the executive
Detaining of terrorist suspects. Gina Miller case against May triggering Brexit. Proroguing Parliament
What example can you give of Judiciary ruling against legislature.
They used declaration of incompatibility against the Anti-terrorism legislation of 2001. Preventing prisoners from voting 2007. Right to rent 2019 (forcing landlords to make immigration checks on tenants).
What is Judicial Activism
The likelihood of the Judiciary to get involved in overruling government.
Why has judicial activism increased?
Creation of independent Supreme Court. Passing of Human Rights Act. Perhaps slightly more authoritarian governments.
Why might some argue that a declaration of incompatibility is not very powerful?
It doesn’t strike down either of the laws and because the government/legislature doe not have to do anything in response (however, in reality they always have).
What was the Gina Miller case?
https://ukandeu.ac.uk/the-facts/what-was-the-miller-case/
What is Judicial review?
When judges conduct a review into government ministers or other public officials to see whether their actions are legal.
Why are pressure groups often linked to the Judiciary?
Because pressure groups often provide the funds that pay for the lawyers to allow legal action to take place. e.g. ‘Best for Britain’ supported Gina Miller’s cases.
How many judicial review cases does the government win?
Over 90%
Why has the government tried to reduce the number of Judicial reviews?
Two reasons: 1. It was seen that the judiciary was becoming too political 2. The government doesn’t like it when the judiciary overrules its actions.
List 4 ways that Parliament holds the legislature to account
Prevent new laws by voting against them Asking questions (PMQs, urgent questions) Committees (select, liaison, bill, back benchers) Vote of no confidence
List 4 ways that the executive can dominate Parliament
Gvt usually has an inbuilt majority in the commons and uses the whips to keep its own MPs voting for the new laws. Collective responsibility and payroll vote gives gvt 100 votes Power of patronage means many MPs rely on the PMs favour for future promotion House of Lords can be bypassed by Salisbury convention, Parliament act. Plus Lords can only delay. Gvt has huge resources and civil service which allow it to be much better prepared than individual MPs
