Relationship between the branches Flashcards
What it the role and composition of the supreme court
A political systems have a constitutional court and the UK supreme court upholds the UK constitution.
They deal with issues relating to devolutionary jurisdiction
It also considers cases of judicial review
Define judicial independence
Judicial independence relates to the level of autonomy of judicial branch from the other two branches of government
The judicial branch of government must ultimately be independent in order to perform its job effectively
Define judicial neutrality
Judicial neutrality is the extent to which judges are free from bias
In order to perform their job correctly, a judge must put aside their own personal views
Judicial independence and judicial neutrality are upheld in a number of ways
Has the judiciary been politicised
The media has claimed that the judiciary has become more ‘politicised’.
For instance, the HRA has brought senior judges into the poltical arena
Politicians from both main parties have also broken with convention and publicly criticised judicial rulings
Backhand to the judiciary been politicised
However, judges still benefit from security of tenure and guaranteed salaries. The judiciary has also become more independent as a result of the CRA. Furthermore, the judiciary has been more willing to oppose government policies
Outline the appointment and removal of those in the judiciary
The appointment and removal of the 12 members of the Supreme Court is the responsibility of the JAC.
Appointments are determined on the basis of merit and ability
Describe the CRA
It was widely believed that the CRA would enhance judicial independence and be more reflective of the population
For instance, there is no a ‘tie-breaker’ principle amongst senior judges in fair of women and minorities
How does someone become a member of the The Supreme Court
Vacancies are filled by an independent selection commission
A judge must have held high judicial office and been a qualifying practitioner for a period of time
They can be removed of they have violated the rules and conventions governing their position
How is neutrality maintained
Open courts +Free Press, Conflicts of interest, Public activities
Is the judiciary neutral
The extent to which the judiciary can be described as neutral is debateable
Firstly, it could be argued that no-one is entirely free from bias.
Secondly, there have been claims from both parties that the judiciary has shown favouritism
Is there an influence of the supreme court onto the UK
After the legislature and the executive, the third branch of government is the judiciary
It is Cleary the weakest of the three
The main areas to focus upon is judicial review, rulings made on controversial issues, civil liberties and case law
Describe the Case study - ABU QATADA
The UK government originally wanted to deport the radical cleric Abu Qatada
However, the Supreme Court ruled that his human rights would have been breached if he were to be sent back his native homeland
Abu Qatada could not therefore bed deported back to Jordan
This underlines the concept of judicial independence
How does the judiciary uphold the law
The judiciary has the ability to limit the actions of politician via ultra vires
For instance, the Treasury v Ahmed (2010) the government was rules to ahve acted beyond its powers in relation to freezing assets held by terrorists
As this example makes clear, politicians are not above the law
What political role does the judiciary play
The judicial branch of govenrment also plays an overtly ‘political’ role
For instance, the judicial can send back a bill to parliament if they believe it to be incompatible with the European Convention on Human Rights
Parliament does not ahve to amend the bill
Describe Case study -Judiciary independence - Brexit
In 2016 Gina Miller brought a case against the Secretary of Stae for Exiitng the Euroepan Union
THe cours ruled that hthe executive branch had excedded their pwoers
How powerful is the Judiciary
Whilst such rulings suggest that the judiciary is a relatively powerful institution the judicial branch of govenrment does not initiate laws
The legislative power of the courts relates solely to that of case law
However the judiciary exercise power based upon judicial review and the HRA
The judicial branch also upholds the rule of law
Describe the judiciaries Relative power of the court
The Supreme Court is much weaker than its counterpart in the US. This is because the British system is nearer to a fusion of powers.
This tends to undermine the power and independence of the judiciary
What are the fusion of powers in the UK
The British system is based largely upon a fusion of powers
For instance, the executive is formed by the party with the most seats in the Commons. Leading members of the executive also face scrutiny
Define executive dominance
The executive is the most powerful branch. Recent attempts to make Britain a more democratic society have not fundamentally altered the dominance of the executive branch. The level of executive dominance depends upon several factors
What have the reforms to the legislature been
The legislature has undergone significant reform since 1997 (particularly the Lords).
These changes have made the Lords more assertive in relation to the other place
For instance, the upper chamber managed to defeat over 400 govenrment proposals during the noughties
How are the powers of the Lords constrained
The powers of the Lords are constrained by a lack of democratic legitimacy
The power of Mps from Scotland, Wales, Northern Ireland and London has been weakened by devolution
Other democratic reforms (such as elected mayors and an increase propensity to hold referendums) have also undermined the powers of MPS
What changes have been made to the judiciary
The judiciary has also experienced major changes since 1998
For instance, the role of the Lord Chancellor has been overturned
Outline the Human Rights Act
The HRA led to a more assertive judicial branch of government
For instance, the Supreme Court ruled against both Theresa May and Boris Johnson
Having said this, the judicial branch is always subject to changes with no direct influence over those changes
What happened to the relationship between the executive and the legislature.
The relationship between the executive and the legislature is always an unpredictable one due to ever-changing factors and events
The size of the parliamentary majority secured by the Conservatives should strengthen the hand of the executive
However, the issues presented by the pandemic and Brexit are likely to preoccupy to present government
How effective in the executive?
Accountability refers to a situation in which elected representatives are answerable to the people
The executive branch of government is regularly scrutinised by the legislature
The main channel by which this occurs is via the committee system
What are the two types of committees
A select committee seeks to investigate matters of interest with their particular remit
A public bill committee however consider a bill during its passage through parliament
What are select committees
Select committees consist of MPS and peers with an interest in that particular area
A number of those members may even be experts in that particular field
However, a rebellious MP on the government’s trenches may be demoted from a select committee if they gain a reputation as a troublemaker
What reports come from select committees
Members often publish reports that portray the government in a critical light
That said; the composition of a select committee is reflective of party strength
The government will therefore always have a majority of members within the committee
What powers do select committees have
Select committees have the power to call for ‘papers, persons and records’
This empowers the legislature in terms of holding the executive to account
It also gives backbench MPS the opportunity to have an impact within parliament
What is the impact of reports from select commitees
The reports published by select committees can be significant
A small number of select committees are quite prestigious (such as the PAC)
Moreover, public bill committees can make important amendment to proposed legislation
What is the impact of reports from select committees
The reports published by select committees can be significant
A small number of select committees are quite prestigious (such as the PAC)
Moreover, public bill committees can make important amendment to proposed legislation
What limitations are upon select committees
The most important is that the government is under no obligation to follow proposed recommendations
Whilst chairs of select committee are elected by the House, the government of the say will always have a majority of members
There is a relatively high level of party discipline within the British system
What examples to use of people who refused to attend committee hearing
Certain ministers (such as Gordon Brown during his time as Chancellor)…
…advisors (such as Dominci Cummings)
…outside figures (like Mike Ashley of Sport Direct) have refused to attend committee hearings
Summarise the effectiveness and power of committees
On balance, committees offer a limited means to curtail the power of the executive
However, the distribution of power is tilted heavily towards the executive
Unlike the US, parliamentary committees do not wield significant power
In addition, a high number of regulations are written by civil servants and become law in the form of statutory instruments. These are not scrutinised by parliament
What are PMQ’S
At its best, it offers a gladiatorial contest in which the Pm is held to account in full-view of the public and media
PMQs can at times provide high drama and public spectacle.
Critics however claim it is little more than farcical name-calling befitting a school playground.
What are some dependent factors of the executive
A great deal depends upon the politicians in question and the issues under consideration.
A serious issue can often result in MPs putting aside childish insults and behaviour.
However, a verbal gaffe from the PM will lead to theatrics from the opposing side.
Outline Questions to the executive
Written questions can be submitted by Mps and peers
Most of the media’s attention focuses upon verbal questions, many of which are expected in advance
Verbal questions are usually designed are usually designed to score a political point, and are usually dealt with easily by a well-briefed minister
Define supplementary questions
Supplementary questions however are unexpected and can at time embarrass the minister concerned
Mps and peers will tend to raise questions of concern to their constituents or their particular area of interest
Questions can obtain detailed information about politics and activities
What are some other means of scrutiny
Other methods of scrutiny include opposition days, the House of Lords, the Ombudsman and PMQs.
Opposition days are called by the opposition parties to highlight a relevant issue.
The Ombudsman merely looks at maladministration from government Departments.
The House of Lords also holds the executive to account within its specified remit.
What power does the executive hold
The power balance between the executive and parliament is titled firmly towards the former
For instance, the executive shapes the legislative agenda
Although parliament is the branch through which laws are passed, the main source of legislation is the executive branch ‘’
What power does the legislature hold
However, the main limitation upon the executive branch is Parliament.
It is also the case that the executive branch must derive from parliament itself.
A clear illustration of the capacity of parliament to assert its position is during a vote of no confidence.
How does the size of the majority effect the power of the executive
The main dependent factor to consider is the size of the parliamentary majority
A government that wins an election by a landslide (such as Labour in 1997) has a significant influence over parliament
Having said this, a government with a small majority might be able to maintain party discipline amongst its own MPs
Define Electoral cycle
When a new part comes to power, its own MPs owe a degree of loyalty to the government itself
Given the focus on the media upon the party leaders, their position within parliament may well depend upon the public appeal of the PM
The power of the Prime Minister is also an important factor during the electoral cycle
Outline Blair as an example for executive dominance
A clear illustration to consider is Tony Blair.
From 1997 to 2005, his government never lost a parliamentary vote.
However, once he announced his intention not to stand for another election his authority ebbed away.
Outline Theresa May as an example for a lack of executive dominance
Theresa May never really established authority over parliament (or her own party)
She took over at the start of a battle over Brexit between the executive and most members of the legislative branch
Her failure to gain a majority of seats also put her on the back foot
Lacking a full mandate, she was never fully in control of events
What is the separation of powers
The Legislative branch
The executive Branch
The Judicial Branch
The separations of powers means that the three branches of government are autonomous form one other. Supporters claim that it strengthens the ability of the judiciary to act as a check upon the power of politicians. For instance, the US Supreme Court can impeach the American Head of State if he is found guilty of ‘high crimes and misdemeanours’
Define fusion of powers in the UK political system
This refers to a situation in which the three branches of government are linked
For example, the Prime Minister and his/her Cabinet are also members of the legislature
A fusion of powers is less democratic than a separation of powers
… but usually more effective
Outline judiciary v. The Executive
The judiciary is much weaker than its counterpart in the US due to the fusion of powers.
For instance, the previous Labour government was accused of exerting pressure upon the court’s rulings over the legality of British involvement in Iraq.
In addition, the executive branch influences the judicial branch via the Justice Ministry.
The Prime Minister also has the final veto over appointments made by the JAC, and the Sentencing Council sets sentencing guidelines that judges must follow.
