Relationship Between Gov Branches

Question 1

When was the Supreme Court established?

Answer 1

2009, after the 2005 Constitutional Reform Act

Question 2

What does ‘doctrine of precedent’ mean?

Answer 2

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

Question 3

What is membership of judges determined by?

Answer 3

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

Question 4

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

Answer 4

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.

Question 5

What is Judicial independence?

Answer 5

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

Question 6

What is the Security of Tenure?

Answer 6

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

Question 7

How are judges appointed?

Answer 7

By the JAC (judicial appointments committee)

Question 8

What is a consolidated fund?

Answer 8

Judges pay is from a fund that is independent.

Question 9

What does contempt of court mean?

Answer 9

MPs cannot comment on cases in public.

Question 10

How is the separation of powers maintained? (3)

Answer 10

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

Question 11

Define judicial neutrality.

Answer 11

The expectation that judges will act without any personal bias.

Question 12

How is judicial neutrality ensured?

Answer 12

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

Question 13

What does ‘conflict of interest’ mean?

Answer 13

Judges must refuse to sit cases involving personal connections.

Question 14

How is transparency maintained?

Answer 14

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

Question 15

Define ‘subjustice’

Answer 15

Parliament cannot express an opinion on the case.

Question 16

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

Answer 16

• 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.

Question 17

What does ‘ultra vires’ mean?

Answer 17

Acting beyond gov authority.

Question 18

What does ‘declaration of incompatibility’ mean?

Answer 18

Declaration issued ruling that the statute is incompatible with ECHR.

Question 19

What is judicial activism?

Answer 19

interfering too much with gov

Question 20

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

Answer 20

They only deal with most significant matters.

Question 21

What does it mean to say Parliament is sovereign?

Answer 21

Can overrule judges decisions by passing new legislation.

Question 22

How many British jobs relied upon EU trade?

Answer 22

3.1 million

Question 23

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

Answer 23

4-5% of GDP

Question 24

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

Answer 24

£14.7 billion

Question 25

Why can the EU be accused of having democratic deficit?

Answer 25

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

Question 26

What did the Maastricht Treaty 1991 establish?

Answer 26

• 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.)

Question 27

Why did the UK always lack commitment to EU?

Answer 27

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

Question 28

What were consequences of Brexit (negatives)?

Answer 28

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

Question 29

What was ‘mad cow disease’ 1996?

Answer 29

• 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.

Question 30

What is legal sovereignty?

Answer 30

Sovereignty defined by law with unlimited legal authority.

Question 31

What is political sovereignty?

Answer 31

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

Question 32

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

Answer 32

• 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.

Question 33

What does a ‘quasi federal state’ mean?

Answer 33

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

Question 34

Why is royal prerogative now challenged?

Answer 34

• 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)

Question 35

Why should the government listen to the results of referendums?

Answer 35

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

Question 36

How many MPs were estimated to oppose EU ref?

Answer 36

73%

Question 37

Why has the HRA been weak?

Answer 37

• 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.

Question 38

What are the key operating principles of the Supreme Court?

Answer 38

• 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

Question 39

What are examples of judicial transparency being upheld?

Answer 39

• 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.