relationships between branches

Question 1

supreme court

Answer 1

The Supreme Court is the highest court in the UK and was created to separate the UK’s judiciary from parliament so that the judiciary can more easily check the power of parliament and the executive.

Question 2

role of supreme court

Answer 2

court of appeal for criminal and civil case rulings made in lower courts, uks final court of appeal, excluding scotland

not final court of appeal for criminal case in scot.

sc hears appeal on cases where there are issues of public significance, where there are arguable points of law

key functions- defendings rights and liberties of citizens
law enforcement and applying eu law
human rights act

Question 3

supreme court in defedning rights and liberties

Answer 3

defends rights and liberties of uk citizens

uses rule of law to provide wide range of protection of citizens rights

hra 1998, protects uk citizens rights- used in court, includes freedoms e,g right to life, right to fair trial
- eu laws protected by sc, outlined in echr
(judicial review, natural justice and precedent from past rulings protecting rights and freedoms)

Question 4

supreme court on law enforcement

Answer 4

court upholds laws and rights when challenged, e.g. rights given by freedom of information act

Question 5

supreme court on government decisions

Answer 5

sc can rule against government laws, declare them illegal

sc can declare gov law as incopatible with echr

Question 6

supreme court composition

Answer 6

12 judges- 10 justices, 1 deputy, 1 president

2005 constitutional reform act, establish sc to replace law lords, as part of separation of parliament and judiciary
justices e,g lord reed, lord sumpton, lord lloyd jones

justices dont have term limit but must retire at 70, if appointed after 1995 (said by 1993 act of parliament)

Question 7

principle of judicial independence

Answer 7

judes free from polticial pressures, independent of executive and legislature

able to make rulings without external pressures, including having the security of tenure , independent appointment and promotion process

mps and gov not allowed to comment on court cases - take place to prevent political influence over court

Question 8

principle of judicial neutrality

Answer 8

judges poltiically neutral, dont get involed with any party politics

neutrality important as they have to rule on political issues

e.g. supreme court rules highly polticial cases e,g, 2012 allowing 4 zimbabwean refugees to stay in uk- government wanted to deport them

Question 9

neautral and independent nature of court

Answer 9

neutral- doesnt engage with any political activity and publicly express their views

judges shortlined by independent slect committee- gov has limited say on who can become judge

they have security of tenure- rpevents gov from punishing judges on the rulings they make

gov cant comment on cases which are ongoing- court makes independent decision without gov intervening

Question 10

court isnt neutral?

Answer 10

judges not balanced demographically
majority white , male, middle aged

imbalance means court lacks neutrality in its rulings
more representative sc - potentially makes court more neutral, range of viewpoints in rulings made byjudges

Question 11

court isnt independent

Answer 11

lord chncellor, member of executive, makes final decisions on appointment in supreme court

lord chancellors role in appointments, giv gov influence over choosing judges- theyre most likely sharing similar positionsto gov regarding key issues

sc does not often rule against government in cases, lack of independence in practice? gov has some influence over sc

Question 12

sc having influence through judicial review

Answer 12

sc influences executive and parliament through judicial review

only has limited powers on judicial review

can overturnsecondary legislaiton, cannot overturn primary

Question 13

sc having influence through ultra vires

Answer 13

principle of ultra vires- when something or someone acts beyond powers, acting without legal authority

sc can overturn legislation bcof principle of ultra vires
e.g. 2016 chris grayling, ruled as acting ultra vires, when introducing residence test to legal aid act in 2012

Question 14

sc having influence by opposing gov decision

Answer 14

sc can make rulings based on hra
which can oppose gov decision, e,g issues of state of security

court can make declaration of incompatability- aprliaments legislation opposing echr

sc judges uphold decisions on info being published agaist wishes of gov- in cases of freedom over information

Question 15

cases of opposig the gov

Answer 15

declaration of incompatability, june 2018, court issued declaraction of incompatabilityon the civil partnerships act, incompatible with echr as gay couples are allowed to marry and become civil partners
- freedom of information, 2015, court upheld freedom of iformation request to publish prince charles letters to govermnet ministers

Question 16

parliament holding executive to account

Answer 16

Parliament has many ways of holding the government to account, including through questions to ministers, select committees, voting and a vote of no confidence.

Question 17

ministers questions

Answer 17

questions asked of gov ministers by mps and house of lord peers

ministers questions- 1 hour each day in parliament, ministers answer backbencher quesitons about their department
- put pressure on gov ministers to know all of their departments work

Question 18

pm quesiton time

Answer 18

takes place for 30 mins each wednesday
mps ask pm questionsabout various important issues
leader of opposition asks pm six questions before mps ask questions on any gov affairs

Question 19

benefits of pmqs

Answer 19

direct answers from pm, asked by mps

important way of holding pm accoutable for gov work

pm must be briefed in detail on major issues which are interests of public, - they do not know questions that will be asked in advance

Question 20

criticisms of pmqs- punch and judy

Answer 20

pmqs more about political point scoring than effective scrutiny of pm and gov

pmq named punch and judy politics, often shouting match between polticians in front of media
e.g. john bercow, called pmqs a shouting match everyday wednesday lunchtime

Question 21

pmq criticism of questions

Answer 21

mps from gov party will ask pm planted questions to make gov and pm look strong in front of voters

pm david cameron, aides sent emailsto conservative mps for questions for them to ask at pmqse.g. benefits of their economic policies

Question 22

parliamet holding exectuive to account

Answer 22

Parliament has many ways of holding the government to account, including through questions to ministers, select committees, voting and a vote of no confidence.

Question 23

select committess- parliament crutinising executive

Answer 23

departmental select committees scrutinise governmental departmental work, scrutinise ministers in detail, through longer style of questiig than in question time

eg nick hurd, home office minister, questined by housing, communities and local government committee on the support that was being provided for people affected by grenfell tower fire

Question 24

benefits of select committees

Answer 24

closely scrutinise individual governmental departments

publish reports on issues, gov must respond in 60 days

gov published a response, to report called for apprencticehsips reforms by business,energy and industiral stratedy and education committees

Question 25

criticsim of select committees

Answer 25

can be ineffective at holding gov to accout, ministers unhelpful at providing evidence when questioned

2016 boris johnson, foreign secretary at the time, accused of waffling by committee chair of foreign affairs select committee during questionign

Question 26

palrimaent holding executive to account through voting

Answer 26

Parliament has many ways of holding the government to account, including through questions to ministers, select committees, voting and a vote of no confidence.

Question 27

voting and backbench rebellions

Answer 27

backbenchers in hoc and hol can control executive by voting against government backed bills

hoc, backbench rebellions can take place, mps of the party in government can vote against their own partys legislation to prevent executive from introducing laws

Question 28

voting is effective,

Answer 28

hoc blocked gov legislation through successful backbench rebellion

mps voted against parliament 309-305 votes, 12 conservative mps voting against partys gov - in favour of parliament getting vote on a final brexit deal

hol causes gov to change its policies, voting against passing of legislation
- gov defeated 38 times in hol from 2016-2017

Question 29

voting is ineffective

Answer 29

if executive has a large majority, voting against it is less effective
-backbench rebellions difficult if 3 line whips are put in place, if mpp defies a whip theyre expelled from a party,- but keep seat and sits as independent mp

hol can only delay legislation passing, propose amendments, rather than stopping it pass into law- gov can veto any delays by hol

Question 30

votes of no confidence

Answer 30

can be put down by opposition in hoc where mps vote if they have confidence in gov

pm can put down a vote of confidence in gov in attempt to restore authority in parliament if own mps vote against gov on a key issue

if gov loses a confidence, by convention, gov resigns

Question 31

votes of no confidence effective

Answer 31

successful in removing govs in power

pm james callaghan lost vote of no confidence in 1979- caused him to step down as pmm , called gen election- which he lost

can be successful in restoring gov authority, major called vote of confidence in 1993- bc mps were opposed to his gov support after maastricht treaty

Question 32

executive dominance over parliament

Answer 32

The executive exerts dominance over parliament by choosing the direction of its programme of legislation and using its majority to often pass its bills through parliament

Question 33

executive dominance over parliament - elective dictatorship

Answer 33

when executive dominates legislature

mainly used executive has large majority in parliament - used by lord hailsham - lord chancellor in 1976

Question 34

executive dominance over parliament- control over legislation

Answer 34

gov uses party whips to pass its bills through hoc by instructing party backbenchers to vote i favour of their legislation

gov controls parliaments timetable- so they can decide what legislation parliament votes and debates on

Question 35

executive dominance on parliament- parliamentary sovereignty

Answer 35

parliament does have legislative sovereignty- has ultimate power to pass legislation into law

if gov has majority in hoc, it often does, gov can pass most of its billls into law

hoc has more power than lord to pass legislation, hol unable to completely block legislation

Question 36

executive dominance on parliament- not effective dominance

Answer 36

if theres a small majority or minority gov, executive bills be stopped from passing through parliament

Question 37

balance of powers

Answer 37

The balance of power has shifted from the executive to parliament, through select committees and parliament votes against the government, however, the executive can still pass most legislation through parliament.

Question 38

select committees for balance of power

Answer 38

e.g. reforms by wright committee in 2009, gave select committees more power

reforms include reducing number of committees, giving mps voting power to choose select committee chairs

backbench business committee- formed by select committee reforms, committee schedules debates in hoc on topics suggested by mps rather than gov

Question 39

balance of power- military action

Answer 39

gov has increasingly consulted parliamet over military action, choosing to put proposed military action to hoc for a debate and vote

gov sought parliamentary approval for military action against syrian regime in 2013 which parliament voted against
- parliament voted in favour for military action in iraq in 2014, syria in 2015

• but in 2018 pm theresa may, chose to send airstrikes to syria without consulting parliament first

Question 40

balance of powers- house of lord voting

Answer 40

hol, where gov does not have majority- have often delayed gov bills from passing

2017- gov defeated in hol over its bill to enable people in apprenticeships and under age of 20 to qualify for child benefit

Question 41

balance of powers-gov dominance

Answer 41

gov rarely defeated in parliament votes, often passes its legislation into law- bc of parliament whips , majority in parliament

gov has a payroll of mps , who have role in executive, from senior to junior roles- always voting in support of gov policy in parliament

tony blairs majority gov - only defeated 4 times during its 10 years in power

Question 42

eu

Answer 42

The European Union (EU) is an economic and political union of 28 countries in Europe which is based on the free movement of people, goods, capital and services between member states.

Question 43

four freedoms of eu

Answer 43

aims to intergrate member states with four freedoms
free movmement of goods
free movement of capital
free movement of workers
freedom to provide and establish service

freedoms outlined in 1957 treaty of rome, establish in european economic community

Question 44

eu on social policy

Answer 44

developments in eu social policy through charter of fundamental rights and the social chapter

social chapter introduced by 1992 maastricht treaty, to protect workers rights, regulate social policy

charter of fudamental rights, introduced by 2009 lisbon treaty, outlines political social and economic rights, - must be respected when eu institutions exercise their powers

Question 45

eu - social chapter

Answer 45

outlines 30 principles e.g. rules on working conditions, working hours, employee payment

blair signed uk up to social chapter in 1997
following this, eu has undertaken many social policy initiatives e.g. putting out directives to prevent employers discriminating against workers on race, gender, age, religion, disability or sexual orientation

Question 46

eu charter of fundamental rights

Answer 46

member states must account for this when incorportating eu law into national law, in matters concerning eu law

rights in this e.g. pright to lie, private and family life , right to vote, a fair trial, freedom of religion, expression and assembly among others

Question 47

eu - politicial and economic union

Answer 47

eu moved towards political and ecnomic union, by introducing euro , reduced veto powers of national governments

2017, eu outlined proposals to prevent eu states from having veto powers to blcok passing of some legislation e.g. areas like taxation, to bring about a closer and political and economic union

euro introduced as common currency in eu member states, since its creation - 19 eu members, 6 non eu members states have adopted it

Question 48

eu in policy making

Answer 48

The EU is involved in policy-making through treaties, rulings of the European Court of Justice, directives and regulations. The European Commission ensures that all EU members apply EU law and policy.

Question 49

eu policy- treaties and regulations

Answer 49

treates- binding agreemets made by eu member states, set out eus institution rules, relationship of member states with union, objectives of eu

example- of an eu treaty - 1997 treaty of amnsterdam ,

regulations are legal binding acts, regulations apply immediately to all eu member states

general data protection regulation- eu law, increase data protection for all in eu, applied to all member states from may 2018

Question 50

eu policy- directives and rulings

Answer 50

directives - legislation setting out goals which all eu member states must achieve

give member states power to make own laws so they can decide on how to reach eu goals

2013 industrial emissions directive, set out goals for eu memeber states to lower industrial emission

european court of jusitce, enforces eu law, hears caes from european commission, against national gov that has failed to comply with eu law

Question 51

common fisheries policy

Answer 51

outlines rules for managing stocks of fish
and fishing fleets in europe

• aims to rpeserve fish stocks by setting quotas on amount of certain types of fish that each member state is allowed to catch

common fisheries policy, providing funding to fishermen, gives eu fleets same levelof access to all waters in eu

Question 52

impact of common fisheries policyin uk

Answer 52

viwed as unfair on fishermen in certain areas, who have their quotas bought up by fihsermen of other countries

vieweing equal access for all eu fishermen as unfair - uk has largest fishing zone compared to other countries, fishermen in other eu states benefit more than those in uk

as part of brexit, uk gov wants uk to leave common fisheries policy

Question 53

social chapter - eu law

Answer 53

outlined 30 principles to promote workers rights, adopted by eu members after single makret introduced in 1992

uk initially opted out of the social chapter - signed up to it in 1997

Question 54

impact of social chapter on uk

Answer 54

eroding uk sovereignty, introducising laws and regulation uk businesses must follow

working time directive outlines rules set by eu around weekly working hours, and a minimum number of holiday days for employees in uk businesses

many uk businesses oppposed to social chapter, it has increased their labour costs , made them less competitve than businesses in other countries- with less tight regulations

Question 54

sovereignty in uk aprliament system

Answer 54

Under parliamentary sovereignty, parliament is the most important legal authority in the UK with the power to create or end laws

Question 55

legla and political sovereignty in uk parliament

Answer 55

legal sovereignty- legal right by which sovereignty is exercised

political sovereignty- exercising sovereingty in practice

Question 56

movement of sovereignty

Answer 56

sovereignty shifted from parliament to executive, pm used prerogattive powerrs to deploy army without consent of parliament

2018 pm may, semt british fighter jetsto carry out in syria -in reponse to regime use of chemical weapons without parliament approval under royal prerogative

1998 hra, introduced rulings from echr into uk law- takes awaylegal supremacy of parliament - placed it in judiciairy

Question 57

sovereignty to eu and judiciary

Answer 57

membership ineu - moved sovereignty away from aprliament and to eu

uk subject to eu regulations and directives as part of its membership

1990 facotrtame case, eu courts ruled over parliamentary rule, ships had a mojirty of british owners if to fish in uk waters

1998 hra, introduced rulings from echr into uk law, taking away legal supremacy of uk aprliament- placed it in judiciary

Question 58

constitutional reform- sovereignty

Answer 58

constitutional reform moved sovereginty away from parliament and other uk institutions

devolution of power 1998, from uk to scottish parliament, wales andnorthern ireland assemblies, took some powers around education, health, environment away from uk parliament

2005 constitutional reform act, established sc- transferred hol power as uks final appeal court to separate supreme court

Question 59

legal sovereignty in parliament

Answer 59

parliament can legally revoke any legislation, affecting its sovereignty

can revoke act of parliament permitting eu entry, withdrawing eu membership

2017 - parliament voting in favour of brexit bill, triggered article 50, started process of uk leaving eu

parliament still has legal sovereignty over ukmost important powers of foreign policy, taxation and defence

Question 60

limits to political sovereignty

Answer 60

referendums place sovereignthy in hands of uk voters, enabled citizens to make key political decisions on changes to uk law

2016 referendum on leving eu, over 33.5 million voted

eu can make laws that overrule parliamentary law, undermining uk parliamentary sovereignty
(including directives and regulations)

executive restricting parliamentary sovereignty, through gov sending troops to war without seeking a vote from parliament