Relationships between branches

Question 1

Key dates 1950-92 w/ EU

Answer 1

1950-European Coal and Steel Community formed by France, West Germany, Italy, Belgium, Netherlands and Luxembourg to remove control of these materials from independent countries
1957-treaty of Rome signed by ECSC states creating EEC (later EU)
1973-Ireland and UK join
1975-EEC ref, 2:1 stay
‘92 Maastricht treaty-EEC transformed into more closely intergrated EU

Question 2

EU ‘92-present

Answer 2

UK forced to withdraw from ERM and ERS by currency crisis 92-other countries follow
95-Austria, Finland and Sweden join
99-inner core of member states adopt common currency, bank notes disappear 02, UK stays out
2000-Danish people vote against joining common currency 53-47, despite euro support from major parties, businesses and media
02-12 new states agreed on to admit in 05
07-Lisbon treaty. More powers to EU, power taken away from national govt
16-Brexit ref
20-Brexit

Question 3

EU Aims

Answer 3

Promoting peace
Econ integration and single market
Econ and monetary union
Enlargement
Social policy
Political union

Question 4

Economic integration and Single Market

Answer 4

1986 Single European Act-Single Market based on 4 freedoms:
Goods
Services
People
Capital
Target date 1992-most completed. Services not

Question 5

Economic and monetary union

Answer 5

Creation of European Bank and single currency
Euro intro as trading currency 99 and issued as notes/coins 2002
By 2014, 19 members joined eurozone. All new members must adopt it
Financial crisis of 2007-8. Euro devalued, bigger EU countries (UK/Ger/Fr) had to bail out smaller ones (Greece/Spain/Ireland) to prevent econ collapse

Question 6

Enlargement of EU

Answer 6

End of cold war, EU looked to expand into E Europe
2004-10 new members inc. Poland
2007-Romania and Bulgaria
2013-Croatia
New states must be lib demos w/ functioning market econ
Influx of e europe workers into est states, short-term restrictions on freedom of movement
Imp factor in Brexit-‘take control’ leave campaign. Percep-too many coming, taking our jobs

Question 7

Political union-Lisbon Treaty 2007

Answer 7

Incorp charter of fundamental rights. UK ref to accept this as legally binding. Inc rights to education, healthcare and strike (‘betrayal of responsibilities). EU has say on pretty much all areas of policy
Erodes sovereignty-some people want UK to have total control

Question 8

How EU enforces policy

Answer 8

Passing and enforcing EU directives and regulations
Directives-goal that all EU states must work towards (can ignore), expected to pass laws to achieve this
Reg-binding and immediately enforceable on all members
National Parliaments must ratify these laws-if not they face fines or EU takes them to court

Question 9

Maastricht treaty 1992

Answer 9

Enabled Euro, est Eu and European Citizenship and European bank, common foreign and security policies. Expansion of Eu and deeper union
Several decads of debate and inc econ co-op. Desire for further integration which most EU states approved of
Removed indy of UK, not necessarily econ beneficial in regards to common currency (Brown report). Target of freedoms (86) met through freedom of movement, UK lost control of immigration further undermining sovereignty
Inc migration-once 0, peak 330k 2014. (Creates resentment in UK to EU/immigrants, undermines ability to create/enfornce own laws, expansion of EU powers into social issues went against many British people to create laws which ref norms/values of country rather than being dictated by inc powerful EU

Question 10

Factortame case

Answer 10

EU tried to reg fishing to inc sustainability and reg waters/create equality through 1983 Act. Caused Thatcher to create Merchant Shipping Act 1988 where only UK vessels could use British waters to fish. Led to judicial review taken by group of spanish fishermen who used EU courts to sue UK for laws req British vessels to have maj British owners
Urge to create sustainability and prevent overfishing and fishing disputes in overlapping waters-created more probs than solved e.g forcing countries to return fish when going beyond quota. 4 main elements inc trade policy
Caused controversy in UK as it restricted access to other fishing areas and made it harder for us to fish. ECHJ-EU law supersedes UK, ruled against UK setting precedent that British laws could be overturned
People didn’t like foreign fishing boats in British waters taking British fish e.g unelected bureaucrat making British laws that would be used for decades to come. essentially abolished percept that British Parliament had total sovereignty.

Question 11

How has EU affected UK’s political system?

Answer 11

Parliament has to scrutinise EU legislation and incorp it into our law (time consuming)
Impact on sovereignty-EU >UK law (Factortame)
New govt depts in wave of Brexit-dept for exiting the trade union and international trade (Secure new deals)

Question 12

EU and sovereignty

Answer 12

ECA 1972-trade/welfare/employment laws automatically becomes EU law
Parliament can’t overrule EU law once passed by making statute against
Factortame-gave english courts new role-right to set aside acts of parliament and demo in certain areas e.g trade, welfare employment. Supreme authority Eu law in ECJ
Veto remains in many key areas-ones that go right into heart of what it means to be a nation state
Way EU law intro into UK law makes it vulnerable to Parliamentary sovereignty

Question 13

European Parliament

Answer 13

751 MEPs, elected under regional party list
UK has 73 seats allocated (allocated by population)
EU held power over UK Parliament yet only allocated 10% seats

Question 14

European Court of Justice

Answer 14

Ensure ‘law is observed ‘in the interpretation and application of the treaties’
It: reviews legality of acts of institutions of EU and ensures members states comply w/ obligations under treaties

Question 15

EU membership cost

Answer 15

£88mn from EU weekly (public)
£161 million weekly to EU
Private sector-£27 mn weekly (uni, research etc)
£821mn defence, 1.4bn education, 2.6bn NHS, 3bn pensions

Question 16

Brexit

Answer 16

Eurosceptics (too much integration)-immigration (culture, too many), too much control, sovereignty less (trading sovereignty gave lots of benefits), unelected bureaucracy (cost-econ with it e.g funding)
Understand why-net migration putting pressure on our services but not all, EU did have a lot of power over us even though unelected
Strongest is EU being unelected and having too much power. Weakest-immigration and sovereignty, cost

Question 17

Impact of Brexit on UK Parties

Answer 17

Tory-torn apart (remainers/leavers), depending on who you ask Brexit outcome can reflect + or - on party (dom RW votes, not put to bed, is it better to have leave or remain leader, can distance from leave, party didn’t want leave)
Labour-damaged rep as unclear position, crumble of red wall, lost traditional voters. Lost public trust, could take us back into EU or let it go
Third parties-UKIP achieved goal however its died (leaves gap for RW who don’t like tory, break off of tories?), new nationalist parties

Question 18

Brexit impact on GEs

Answer 18

2019-brexit election
Voting behaviour and media-if brexit gets worse, more people will vote labour (competence). Rebuild red wall, class voting revert back to norm patterns?

Question 19

Brexit impact on Parliament

Answer 19

Sovereignty restored. EU law replaced by act (leave some, get rid of others?). Will take time, create any law now as no EU rules or regs to follow
What’s next? Won’t have to go through EU-inc efficiency. Get rid of HRA for Bill of Rights? Inc power

Question 20

Referendum use-Brexit

Answer 20

Less refs, citizens vote for undesirable outcome? PM will have to resign if their side loses
Return to EU (unlikely)-sick of Brexit, will they let us back in? Would have to adopt euro

Question 21

Brexit-PM and role of UK

Answer 21

More powerful or less?-more imp in foreign affairs.
Make own trade deals (look weak as not backed by 27 other countries)
More law making power
Other pressures: PGs, jobs, education

Question 22

Role of judiciary

Answer 22

Adjudicate and apply the law
Common law-interpretations of law
Overseeing and regulating interaction between state and civil society, most imp between govt and citizens
Defence of civil liberties
Inherently political as their decisions have a political impact

Question 23

UK Supreme Court

Answer 23

2009
Highest court of appeal UK
12 Supreme Court Justices (can’t be party member)
Created by Constitutional Reform Act 2005
Cannot overrule Parliament but can express opinions and declare incompatibility w/ HRA
Cannot consider a case unless a relevant order has been made in a lower court

Question 24

Key operating principles of supreme court

Answer 24

Final court appeal for all UK civil cases, and criminal cases from England, Wales and Northern Ireland
Hears appeals on arguable points of law of general public importance
Concentrates on cases of greatest public and constitutional imp
Maintains and develops role of highest court in UK as a leader in common law world

Question 25

Appointment process of Supreme Court

Answer 25

Initially in 2009, the 12 law lords became supreme court justices. Since then where there is a vacancy the Judicial Appointments Commission consisting of a no. of senior law officers from whole of UK looks to fill pos. Commission looks at apps and recs a candidate to the Lord Chancellor
-Held high judicial office for 2yrs
-Alternatively, app must satisfy judicial appt eligibility on a 15yr basis, or have been a qualifying practitioner for at least 15 years
-A person satisfies the judicial appt eligibility on a 15 year basis if he has been a solicitor of sr courts of england and wales, or barrister in england and wales for at least 15 years and has been gaining exp in law during post-qual period

Question 26

Judicial independence and the Supreme Court

Answer 26

Constitutional reform act 2005 reaffirmed the principle that a sr judge can only be removed by a maj vote in each of the houses of parliament and only for misconduct, not a result of a decision they have made. Salary guaranteed. Security of tenure and salary
12 justices-head of supreme court is known as president of supreme court (Lord Reed of Allermuir)

Question 27

Judicial Independence and its extent

Answer 27

Constitutional principle that there should be strict sep of powers between Judiciary and other branches of govt
Constitutional reform act-formal separation
Conventions exist to prevent parliamentary criticism of judges and their decisions and to protect them from undue pol interference
Legal profession enjoys autonomy from pol institutions
Judges defended civil liberties which suggests that the judiciary is sufficiently independent as to resist govt pressure
e.g Miller v Secretary of State for Exiting the European Union 2017

Question 28

Judicial neutrality

Answer 28

Absence of any partisanship, pol sympathies or ideological leanings on part of judiciary. However, pol sympathies can be held as long as it doesn’t intrude in a pro/public responsibility
Ensured through:
-Restrictions on pol activities (can’t be members/support parties)
-Only hear cases with legal considerations in mind. Must justify decisions they reach thru explanation
-Years of exp and legal training
-Since 1990s greater willingness to review actions of govt and ministers and overturn their actions/decisions
-Willing to act against tory/labour govt since intro of HRA
-Impartial and willing to act against govt of day or the state in interests of justice

Question 29

Are judges neutral?

Answer 29

Lack of social diversity e.g 22% women, 5% BAME in 2011
Only one female supreme court justice. No BAME. 4 women since 2009
Most went to public school e.g 80% SC judges and lord justices. Oxbridge-81% judges, 84% barristers
71% of sr judges privately educated, 75% oxbridge
Most sr positions held by previous barristers-36% of all were solicitors, decline dramatically in sr levels of judiciary
Statutory retirement age 70, can apply yearly to extend up to 75. Avg age 61
Judiciary reflects and reinforces the elitism found in UK society
Judicial activism

Question 30

How does the supreme court/judiciary seek to influence the executive?

Answer 30

Courts enforce ECHR when interpreting executive actions and cases of judicial review
Cannot strike down leg but can declare compatibility
Uphold rule of law, ensuring all citizens treated equally
In ultra vires cases courts can decide whether govt has exceeded its powers
Public inquiries such as the Hutton inquiry or the Saville inquiry can put pressure on govt

Question 31

Doctrine of ultra vires and judicial review

Answer 31

Ultra vires-an act beyond the powers
Judicial review-type of court proceeding in which judge reviews lawfulness of a decision made by a public body. Occur in High court, court of appeal and SC
JR operates within bounds of parliamentary sovereignty
Can be brought against all public bodies inc govt

Question 32

What are the three grounds on which a decision or action may be challenged?

Answer 32

Illegality e.g it was not taken in accordance with law that regulates it or ultra vires e.g Johnson proroguing Parliament
Irrationality e.g not taken reasonably or that no reasonable person could have taken it
Procedural irregularity e.g failure to consult properly or to act in accordance with natural justice or w/ underpinning procedural rules

Judicial reviews are a remedy of last resort: courts expect parties to use other avenues inc right of appeal where possible

Question 33

Applying for judicial review

Answer 33

App is considered by a High Court Judge. They can deny the application or grant ‘leave to proceed’
If the app is granted leave to proceed, it’ll be heard in the high court

Question 34

Reasons for a judicial review

Answer 34

Action/decision offends principle of HRA, common law
Public body ultra vires
Administration of decision or action is incorrect

Question 35

Example of judicial review

Answer 35

R Miller v the PM and Cherry v Advocate General for Scotland
Unanimously that it was unlawful and ultra vires

Question 36

Judicial review applications over time

Answer 36

1968-87 2013-15600
More potential infringements of civil liberties by governments, more awareness of the processes for redress of grievances, the impact of the HRA 1998
Major growth area in applications is in immigration

Question 37

Does judicial review work?

Answer 37

2011-1220/1120 (11%) granted leave to proceed with 6391 refused and 3589 discontinued or settled
Of the 1220, 174 went in favour of complainant (14%)
Of 11,200 only 1.5% successful in obtaining redress of grievance

Assessment: viewed both as a success (system works and weeds out those that don’t warrant consideration) and as a problem as only small % of total cases won

Question 38

HRA 1998

Answer 38

Based on articles of EU Convention of Human Rights
Give further effect to freedoms and rights guaranteed under european convention. It means:
Judges must read and give effect to other laws in a way which is compatible w/ convention rights
It is unlawful for a public authority to act in a way which is incompatible with a convention right

Question 39

Declarations of incompatibility

Answer 39

Sec 4-if a higher court considers that part of an Act is incompatible with HRA, it can make a declaration of incompatibility
Parliament must decide whether it wishes to amend law
In 25 years of HRA being in force, 27 have been made
Last resort as judiciary will attempt to interpret the primary leg as being compatible-only issued if such a reading is not possible
Law remains same until Parliament removes incompatibility. Courts must still apply leg as it is and the parties to the actual case are unaffected by declaration. Hence, declaration has no actual legal effect and the parties neither gain nor lose by it

Question 40

How the supreme court protects rights

Answer 40

Issue declarations of imcompatibility
Interpret ECHR e.g Brewster case 2017 confirmed cohabiting couples had same rights as married couples
Enforces rule of law e.g Cadder v HM Advocate 2020 found scottish police were breaching ECHR and Scotland Act 1998 in way they detained suspects
Asserts common law rights
Rules on FOI cases

Question 41

Limits on SC ability to protect rights

Answer 41

Incompatibility statements not binding
No enforcement power
Rule of law determined by politicians. Since constitution not entrenched Parliament (normally dom by govt) can overturn rights and liberties w/ simple Act
Rights have a stronger basis when they are confirmed by an Act
Govt frequently sought to limit scope of FOI

Question 42

What does SC also do?

Answer 42

Considers other sig appeals in criminal or civil cases raising such major issues that lower courts verdicts need to be reviewed
Acts in jurisdictional disputes where there is q of whether a matter is under central govt, devolved assembly, local govt or EU

Question 43

Arguments that SC is influential

Answer 43

Through judicial review they can challenge govt acts for illegality, unreasonableness, maladministration, incompatibility with EU law/HRA
Challenge laws for incompatibility with EU law/HRA but cannot strike these laws down
Increasingly used by citizens and orgs to challenge govt decisions, often invoking doctrine of ultra vires
Position of ‘final court of appeal’ dealing w/ only most sig matters
Declarations on incompatibility bring sig pol pressure
Inc degree of judicial activism
Level of indy makes them hard to control

Question 44

SC is not influential

Answer 44

Bound by law passed by Parliament
Cannot strike down laws via incompatibility
Cannot be proactive and must wait for cases to come to them
If they are not genuinely indy this limits their influence