Relationship between the branches Flashcards
what act led to the creation of the Supreme Court in the uk
the constitutional reform act 2005
how many justices sit on the Supreme Court
12
identify three functions of the Supreme Court
- review government legislation
- to check whether the legislation complies with the HRA
- to determine if public officials have acted ultra vires
what is meant by the term judicial neutrality
that judges don’t allow their decisions to be biased by personal opinion
identify three ways in which judicial neutrality is maintained
- legal training
- peer review and appeal
- writing a reason for verdict
what is meant by the term judicial independence
free from the political influence and pressures and the courts being separated from the executive and parliament
identify three ways in which judicial independence is maintained
- 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 )
what is meant by the term judicial review
judges reviewing the law
what is meant by the term ‘ultra vires’
acting beyond the law
identify an example of the supreme court ruling that each of these bodies has acted ultra vires
- parliament
- executive
- a devolved institution
- 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
explain one way in which judicial review is an effective check on the government
can be effective when it is used to rule a member of the executive as acting ultra vires
explain one way in which judicial review is not an effective check on the government
the human rights act can be ineffective because it has no power to force parliament to repeal/ amend legislation due to parliamentary sovereignty
explain how the HRA 1998 helps the Supreme Court hold parliament to account
as it has brought the European convention on human rights into uk law this can make rulings on clearly defined laws
explain one limitation of the HRA 1998 in helping the Supreme Court hold parliament to account
this is only statue law and therefore parliament can amend and repeal it as it is not entrenched within the uk constitution
explain one way in which judicial independence has been threatened in recent years
it was threatened when the media accused high court judges of being traitors over brexit
explain one way in which judicial neutrality has been undermined in the twenty first century
as the continuous appointments of ‘pale, male and stale’ oxbridge graduates provides a narrow social outlook which can impact neutrality
identify three ways in which parliament can act as a check on the executive
- select committees
- ministerial questions - PMQs
- voting against and repealing legislation
give three examples of parliament acting as a check on the executive
- home affairs committee over windrush scandal - amber Rudd
- MP’s challenging Hancock over covid19 measures
- mays brexit proposal defeat in the House of Lords
identify three ways in which the executive can control parliament
- 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
give three examples of the executive controlling parliament
- 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’
give three factors that effect the balance of power between the executive and parliament
- the size of the majority of government
- the unity of the governing party
- the amount of public support for the government
explain how voting on legislation enables parliament to check the executive
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
explain how select committees enable parliament to check the executive
as they examine evidence, which can hold the executive accountable for their actions and take responsibility for issues that may emerge
explain how ministerial questions enable parliament to check the executive
they require a response, forcing ministers to answer and give accurate reports to the house of commons which shines public light on their actions
explain how prime minister as the party leader enables the executive to control parliament
as they can use their leadership to call for party loyalty and pressurise reluctant MP’s to support their position on an issue
explain how whips enable the executive to control parliament
they can pressure MP’s and persuade them to toe the party line
explain how patronage enables the executive to control parliament
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
explain how party unity affects the relationship between the executive and parliament
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
explain how the size of the majority affects the relationship between the executive and parliament
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
explain how the electoral mandate affects the relationship between the executive and parliament
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
explain how public opinion affects the relationship between the executive and parliament
it can help the executive as mps will be reluctant to oppose motion that has widespread support
public opposition strengthens parliaments resolve against government
explain how the strength of the opposition affects the relationship between the executive and parliament
stronger opposition us able to coordinate a clear alternative
divided opposition is unlikely to pressurise the government
explain one way in which the relationship between executive and parliament has changed in recent years
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
explain one way in which relationship between executive and parliament has remained the same in recent years
the power of patronage to persuade MP’s into being loyal has remained consistent across recent prime ministers
what are the four freedoms of the EU
free movement of
people
capital
goods
services
name two aims of the eu
to create a monetary union
to create peace through trade in Europe
name three institutions of the eu that make policy decisions for its member states
the eu commission
the eu parliament
the council of ministers
identify three areas where the eu holds exclusive competency
customs
external trade
competition policy
two eu policies that impacted the uk
the common fisheries policy
the social chapter
explain why some people opposed the role the eu had in policy making for the uk
as they were a foreign body making policies in interests of Europe not representing British concerns therefore it undermined British values and security
explain one way in which the uk benefitted from the eu making policy decisions
access to free trade market and financial services, this helped London to develop into a financial powerhouse
explain how one policy area of the eu negatively impacted the uk
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
explain how a different policy area of the eu positively impacted the uk
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
define legal sovereignty
the ultimate legal authority to make decisions in a state
define political sovereignty
authority that is realistically acceptable to the public
identify three ways in which the executive can be said to hold political sovereignty
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
identify three ways in which parliament can be said to hold political sovereignty
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
identify three ways in which the supreme court can be said to hold political sovereignty
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
identify three ways in which devolved bodies can be said to hold political sovereignty
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
identify three ways in which the people can be said to hold political sovereignty
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
explain why parliament remains legally soveriegn
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.
explain one way in which the executive is able to assert political authority
by claiming a popular mandate for a winning manifesto and as a leader who won an election
explain one way in which the executive is limited in exerting political sovereignty
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
explain one way in which parliament is able to assert political sovereignty
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
explain one way in which parliament is limited in exerting political sovereignty
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
explain one way in which the Supreme Court is able to assert political authority
as it can claim judicial neutrality and independence and therefore approach issues based on the law enforcing it as the law is written
explain one way in which the supreme court is limited in exerting political sovereignty
as it is unelected and unaccountable therefore lacking democratic or political authority to make decisions and impose these decisions on elected branches
explain one way in which devolved bodies are able to assert political authority
they can make reforms and change systems and measures to create a clear difference
explain one way in which devolved bodies are limited to exert political sovereignty
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.
explain one way in which the people are able to assert political authority
through a referendum by casting votes and deciding a policy outcome
explain one way in which the people are limited to exert political authority
between elections the people have limited opportunities to have their voices heard.
