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Edexcel A Level Politics Paper 2 > Relationship Between Gov Branches > Flashcards

Relationship Between Gov Branches Flashcards

1
Q

When was the Supreme Court established?

A

2009, after the 2005 Constitutional Reform Act

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2
Q

What does ‘doctrine of precedent’ mean?

A

If they allow something in law, it is applied to all courts/cases below.
Also relates to stare decisis.

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3
Q

What is membership of judges determined by?

A
  • The Five Member Independent Selection Commission.
    (England, Wales, Scotland, NI, president of Supreme Court)
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4
Q

What is the appointment process to become a member of the court?

A
  1. Meet basic judicial requirements and nominate themselves.
  2. The Five Member Independent Selection Commission select nominees.
    (England, Wales, Scotland, NI, president of Supreme Court)
  3. Once selected, they are sent to Lord Chancellor who can reject 1 nomination.
  4. Sent to PM.
  5. Signed by Monarch.
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5
Q

What is Judicial independence?

A

Members of judiciary should retain independence for any political party, gov, or political movement.

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6
Q

What is the Security of Tenure?

A

They cannot be removed from office unless broke law. Retirement age usually 70

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7
Q

How are judges appointed?

A

By the JAC (judicial appointments committee)

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8
Q

What is a consolidated fund?

A

Judges pay is from a fund that is independent.

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9
Q

What does contempt of court mean?

A

MPs cannot comment on cases in public.

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10
Q

How is the separation of powers maintained? (3)

A
  1. Security of Tenure
  2. Independent appointment process
  3. Consolidated fund
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11
Q

Define judicial neutrality.

A

The expectation that judges will act without any personal bias.

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12
Q

How is judicial neutrality ensured?

A
  1. Conflict of interest
  2. Public activities (avoid political activities)
  3. Transparency
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13
Q

What does ‘conflict of interest’ mean?

A

Judges must refuse to sit cases involving personal connections.

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14
Q

How is transparency maintained?

A
  • Visitors welcome to attend.
  • All decisions and reasons behind them are published online.
  • Proceedings are televised, so public can scrutinise them checking for neutrality.
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15
Q

Define ‘subjudice’

A

Parliament cannot express an opinion on the case.

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16
Q

What is the supreme courts’ important constitutional/political functions?

A
  • Determining meaning of law.
  • Final court of appeal for judgements made in lower courts.
  • Final court of appeal for criminal cases (England, Wales, NI) and civil cases (whole of UK).
  • Defining where sovereignty is located.
  • Rules whether devolved bodies have acted outside powers.
  • Defining if gov has acted ‘ultra vires’.
  • Defining if the gov has acted in defiance to the human rights act.
17
Q

What does ‘ultra vires’ mean?

A

Acting beyond gov authority.

18
Q

What does ‘declaration of incompatibility’ mean?

A

Declaration issued ruling that the statute is incompatible with ECHR.

19
Q

What is judicial activism?

A

interfering too much with gov

20
Q

What does it mean to say the Supreme Court is a ‘final court of appeal’

A

They only deal with most significant matters.

21
Q

What does it mean to say Parliament is sovereign?

A

Can overrule judges decisions by passing new legislation.

22
Q

How many British jobs relied upon EU trade?

A

3.1 million

23
Q

What was the net benefit to the UK economy of EU membership?

A

4-5% of GDP

24
Q

How much did non British EU citizens living in UK pay in tax? (2013-4)

A

£14.7 billion

25
Q

Why can the EU be accused of having democratic deficit?

A

The commission is not directly elected, and the only directly elected body, the European Parliament, has less direct influence than most legislative bodies.

26
Q

What did the Maastricht Treaty 1991 establish?

A
  • EU with common citizenship.
  • It committed members to persuade a common foreign/security policy and launched plans for a single European currency. (Britain did not sign.)
27
Q

Why did the UK always lack commitment to EU?

A
  • Own island (so couldn’t truly commit to the same foreign and defence policy the EU promoted)
  • Own currency
  • Parliamentary sovereignty
28
Q

What were consequences of Brexit (negatives)?

A
  • Fractions in parties
  • Ignoring the HofL
  • NI tensions
  • Two general elections (2017/9)
  • Cost of living
29
Q

What was ‘mad cow disease’ 1996?

A
  • EU lifted the export ban on British beef in mid 1999, more than 3yrs after it was imposed during epidemic of mad cow disease, which swept through UK cattle.
  • France denied access to lifting the ban of British beef.
30
Q

What is legal sovereignty?

A

Sovereignty defined by law with unlimited legal authority.

31
Q

What is political sovereignty?

A

In democracy power is from people, so Parliament is accountable.

32
Q

Why, in practice, would Westminster reclaiming their powers from devolved bodies be an issue?

A
  • It could create a constitutional crisis as they can claim popular legitimacy.
  • The longer devolved bodies exercise control over domestic leg, the harder it is to impose direct rule.
33
Q

What does a ‘quasi federal state’ mean?

A

Sovereign authority is increasingly being shared by constitutional members of the UK.

34
Q

Why is royal prerogative now challenged?

A
  • Convention that Parliament now expects to be consulted over military action.
  • Fixed Term Parliament Act, Parliament can also no longer be devolved through royal prerogative. (Though this has recently been challenged)
35
Q

Why should the government listen to the results of referendums?

A

It demonstrates a ‘de facto’ transfer of authority from reps in Parliament via direct democracy.

36
Q

How many MPs were estimated to oppose EU ref?

A

73%

37
Q

Why has the HRA been weak?

A
  • After 9/11, enabling gov to hold suspected terrorist without trial.
  • Supreme Court cannot strike down leg with a decoration of incompatibility. The lack of a codified constitution means it is not entrenched. Parliament remains sovereign.
38
Q

What are the key operating principles of the Supreme Court?

A
  • Stay out of party politics/political activity. (Judicial independence)
  • Conflict of interest are avoided by staying out of cases involving relatives, friends, or associates. (Judicial neutrality)
  • Judicial transparency
39
Q

What are examples of judicial transparency being upheld?

A
  • Neutrality of UK courts (high court) was questioned by the press in 2016, most notably by the Daily Mail over the ruling of Miller v Secretary of State for Existing the EU 2017 calling them ‘enemies of the people’.
    Often, however, the court is not political, but the rulings are. This means those that don’t like the outcome are often hurt.
  • Lady Hale questioned how representative the court was and how this impacted neutrality. The 13 appointments after hers were all white men, and 11 attended an independent school.

Edexcel A Level Politics Paper 2 (7 decks)

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