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politics paper 2 > Relationship between the branches > Flashcards

Relationship between the branches Flashcards

1
Q

what act led to the creation of the Supreme Court in the uk

A

the constitutional reform act 2005

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2
Q

how many justices sit on the Supreme Court

A

12

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3
Q

identify three functions of the Supreme Court

A
  • review government legislation
  • to check whether the legislation complies with the HRA
  • to determine if public officials have acted ultra vires
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4
Q

what is meant by the term judicial neutrality

A

that judges don’t allow their decisions to be biased by personal opinion

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5
Q

identify three ways in which judicial neutrality is maintained

A
  • legal training
  • peer review and appeal
  • writing a reason for verdict
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6
Q

what is meant by the term judicial independence

A

free from the political influence and pressures and the courts being separated from the executive and parliament

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7
Q

identify three ways in which judicial independence is maintained

A
  • independent appointments commission
  • independent pay review
  • security of tenure ( constitutional guarantee that a political office holder can’t be removed from office, except in exceptional circumstances )
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8
Q

what is meant by the term judicial review

A

judges reviewing the law

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9
Q

what is meant by the term ‘ultra vires’

A

acting beyond the law

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10
Q

identify an example of the supreme court ruling that each of these bodies has acted ultra vires
- parliament
- executive
- a devolved institution

A
  • a case on the power to cut legal aid budget in 2016
  • the executive didn’t have the power to trigger article 50 (treaty on EU) in 2017
  • scottish and welsh executives didn’t have the right to be consulted over Brexit
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11
Q

explain one way in which judicial review is an effective check on the government

A

can be effective when it is used to rule a member of the executive as acting ultra vires

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12
Q

explain one way in which judicial review is not an effective check on the government

A

the human rights act can be ineffective because it has no power to force parliament to repeal/ amend legislation due to parliamentary sovereignty

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13
Q

explain how the HRA 1998 helps the Supreme Court hold parliament to account

A

as it has brought the European convention on human rights into uk law this can make rulings on clearly defined laws

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14
Q

explain one limitation of the HRA 1998 in helping the Supreme Court hold parliament to account

A

this is only statue law and therefore parliament can amend and repeal it as it is not entrenched within the uk constitution

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15
Q

explain one way in which judicial independence has been threatened in recent years

A

it was threatened when the media accused high court judges of being traitors over brexit

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16
Q

explain one way in which judicial neutrality has been undermined in the twenty first century

A

as the continuous appointments of ‘pale, male and stale’ oxbridge graduates provides a narrow social outlook which can impact neutrality

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17
Q

identify three ways in which parliament can act as a check on the executive

A
  • select committees
  • ministerial questions - PMQs
  • voting against and repealing legislation
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18
Q

give three examples of parliament acting as a check on the executive

A
  • home affairs committee over windrush scandal - amber Rudd
  • MP’s challenging Hancock over covid19 measures
  • mays brexit proposal defeat in the House of Lords
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19
Q

identify three ways in which the executive can control parliament

A
  • majority and party whips can force legislation through parliament
  • they can refuse to act in select committees
  • they can ensure that the composition of legislative committees is favourable
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20
Q

give three examples of the executive controlling parliament

A
  • 2018 the government ignored 22/25 select committees regarding to expansion of Heathrow airport
  • Johnson forced through a tax increase for social care in 2021 “Heath and Social Care Levy Act 2021”
  • Johnson proroguing parliament before Brexit to make a ‘no deal’
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21
Q

give three factors that effect the balance of power between the executive and parliament

A
  • the size of the majority of government
  • the unity of the governing party
  • the amount of public support for the government
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22
Q

explain how voting on legislation enables parliament to check the executive

A

by voting for or against legislation, parliament can force the executive to act in a particular way or force a change in policy by refusing to support proposed legislation

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23
Q

explain how select committees enable parliament to check the executive

A

as they examine evidence, which can hold the executive accountable for their actions and take responsibility for issues that may emerge

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24
Q

explain how ministerial questions enable parliament to check the executive

A

they require a response, forcing ministers to answer and give accurate reports to the house of commons which shines public light on their actions

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25
Q

explain how prime minister as the party leader enables the executive to control parliament

A

as they can use their leadership to call for party loyalty and pressurise reluctant MP’s to support their position on an issue

26
Q

explain how whips enable the executive to control parliament

A

they can pressure MP’s and persuade them to toe the party line

27
Q

explain how patronage enables the executive to control parliament

A

this allows the executive to persuade MP’s to support a position by offering incentives such as office or a promise to support a favoured proposal in the future

28
Q

explain how party unity affects the relationship between the executive and parliament

A

if it remains unified it can achieve what it wants, however if their are divisions in party no matter how large the majority it will become more difficult to pass things through the hoc

29
Q

explain how the size of the majority affects the relationship between the executive and parliament

A

small majority = a handful of MP’s can threaten to rebel and force concessions from government

large majority = government can afford to lose small numbers and not effect the result, additionally more MP’s are less likely to revolt as it is pointless

30
Q

explain how the electoral mandate affects the relationship between the executive and parliament

A

provided the government has public support it can use it to persuade MP’s particularly of the same party to vote for measures that won the election to get proposals though Lords

if mandate not achieve mps and peers will be more able to oppose government

31
Q

explain how public opinion affects the relationship between the executive and parliament

A

it can help the executive as mps will be reluctant to oppose motion that has widespread support

public opposition strengthens parliaments resolve against government

32
Q

explain how the strength of the opposition affects the relationship between the executive and parliament

A

stronger opposition us able to coordinate a clear alternative

divided opposition is unlikely to pressurise the government

33
Q

explain one way in which the relationship between executive and parliament has changed in recent years

A

under may the government had no majority so it needed widespread support for its brexit proposals which kept being rejected. However with a majority of 80 following the 2019 election, Johnson was able to impose brexit legislation on parliament

34
Q

explain one way in which relationship between executive and parliament has remained the same in recent years

A

the power of patronage to persuade MP’s into being loyal has remained consistent across recent prime ministers

35
Q

what are the four freedoms of the EU

A

free movement of
people
capital
goods
services

36
Q

name two aims of the eu

A

to create a monetary union
to create peace through trade in Europe

37
Q

name three institutions of the eu that make policy decisions for its member states

A

the eu commission
the eu parliament
the council of ministers

38
Q

identify three areas where the eu holds exclusive competency

A

customs
external trade
competition policy

39
Q

two eu policies that impacted the uk

A

the common fisheries policy
the social chapter

40
Q

explain why some people opposed the role the eu had in policy making for the uk

A

as they were a foreign body making policies in interests of Europe not representing British concerns therefore it undermined British values and security

41
Q

explain one way in which the uk benefitted from the eu making policy decisions

A

access to free trade market and financial services, this helped London to develop into a financial powerhouse

42
Q

explain how one policy area of the eu negatively impacted the uk

A

the CFP imposed regulations and quotas on fishing that undermined strength of the UK’s fishing industry and caused a rapid decline in ability to operate effectively

43
Q

explain how a different policy area of the eu positively impacted the uk

A

social chapter helped bring greater protections for worker’s rights, including sick pay, legally required breaks and maternity leave which helped improve the protections and welfare standards of British workers

44
Q

define legal sovereignty

A

the ultimate legal authority to make decisions in a state

45
Q

define political sovereignty

A

authority that is realistically acceptable to the public

46
Q

identify three ways in which the executive can be said to hold political sovereignty

A

when a party wins a popular mandate
when it enjoys the support of the hoc
when the monarch granted it authority to rule through prerogative powers

47
Q

identify three ways in which parliament can be said to hold political sovereignty

A

MPs are directly elected by the people
parliament has the sovereign right in decision making
the executive has to gain support from parliament for laws and finances

48
Q

identify three ways in which the supreme court can be said to hold political sovereignty

A

political independence from other branches after the CRA 2005
it makes rulings on disputes brought to them from other branches
it rules on constitutional laws and the HRA

49
Q

identify three ways in which devolved bodies can be said to hold political sovereignty

A

a mandate from the local population
power over key areas of legislation and administration
Scotland and Wales exist as a result of a referendum - opinion of the people

50
Q

identify three ways in which the people can be said to hold political sovereignty

A

the people elect government and MPs
the people can remove government/ parliament
their will is expressed within a referendum which the executive and parliament cannot ignore or overrule

51
Q

explain why parliament remains legally soveriegn

A

because the only way to remove this would be by introducing a codified constitution which would be binding on all future parliaments, w/o such a measure which would have to be approved by parliament.

52
Q

explain one way in which the executive is able to assert political authority

A

by claiming a popular mandate for a winning manifesto and as a leader who won an election

53
Q

explain one way in which the executive is limited in exerting political sovereignty

A

as the executive has no direct mandate and must rely on parliament to pass legislation and finance bills. this means that it only ever has limited sovereignty and must rely on parliamentary support

54
Q

explain one way in which parliament is able to assert political sovereignty

A

as it is the only body directly elected by the people at a national level, they can use this to enact laws which requires the executive to act

55
Q

explain one way in which parliament is limited in exerting political sovereignty

A

as parliament requires the executive to enact legislation and policy that parliament enacts. if the executive refuses to do this parliament has few enforcement powers to effectively compel the executive

56
Q

explain one way in which the Supreme Court is able to assert political authority

A

as it can claim judicial neutrality and independence and therefore approach issues based on the law enforcing it as the law is written

57
Q

explain one way in which the supreme court is limited in exerting political sovereignty

A

as it is unelected and unaccountable therefore lacking democratic or political authority to make decisions and impose these decisions on elected branches

58
Q

explain one way in which devolved bodies are able to assert political authority

A

they can make reforms and change systems and measures to create a clear difference

59
Q

explain one way in which devolved bodies are limited to exert political sovereignty

A

they hold all the power from parliament so parliament retains legal sovereignty and devolved bodies are restricted in what they can and cannot do - calling a referendum for e.g.

60
Q

explain one way in which the people are able to assert political authority

A

through a referendum by casting votes and deciding a policy outcome

61
Q

explain one way in which the people are limited to exert political authority

A

between elections the people have limited opportunities to have their voices heard.

politics paper 2 (3 decks)

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