relationships between branches Flashcards

Question

criticsim of select committees

Answer 1

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

Answer 2

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

Answer 3

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

Answer 4

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

Answer 5

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

Answer 6

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

Answer 7

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

Answer 8

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

Answer 9

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

Answer 10

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

Answer 11

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

Answer 12

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

Answer 13

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.

Answer 14

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

Answer 15

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

Answer 16

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

Answer 17

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

Answer 18

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.

Answer 19

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

Answer 20

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

Answer 21

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

Answer 22

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

Answer 23

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

Answer 24

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.

Answer 25

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

Answer 26

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

Answer 27

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

Answer 28

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

Answer 29

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

Answer 30

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

Answer 31

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

Answer 32

legal sovereignty- legal right by which sovereignty is exercised political sovereignty- exercising sovereingty in practice

Answer 33

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

Answer 34

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

Answer 35

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

Answer 36

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

Answer 37

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