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Relationships Between The Braches Flashcards

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1
Q

What is the Supreme Court?

A

The highest court of appeal in the UK.

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2
Q

How many people are in the Supreme Court?

A

12.

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3
Q

Who does the judiciary represent?

A

The courts and judges.

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4
Q

Why are judgements reached in senior courts more important?

A

They can set legal precedents that can be referred to in subsequent cases.

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5
Q

Who works out how laws interact in the real
world?

A

Parliament makes the laws.
The judges decide how they actually work in the real world.

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6
Q

Why are the judiciary arguably more important for legislation than
Acts of Parliament?

A

‘Whoever hath the absolute authority to interpret any written or spoken laws, it is he who is truly the lawgiver and not the person who first wrote or spake them’.

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7
Q

What provides the basis for English Common
Law?

A

How senior judges interpret Acts of Parliament and resolve cases creates legal precedent.

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8
Q

Why are decisions of the supreme court supremely (haha) important?

A

The decisions it reaches must be followed in
future cases.

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9
Q

What used to be the highest court of appeal prior to the Supreme Court?

A

The Lords.

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10
Q

Which Lords acted as the highest court of appeal?

A

The 12 Law Lords in the Appellate Committee.

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11
Q

Why were the Lords split from the judiciary?

A

Having the Lords also act as as the highest court of appeal breached the principle of the ‘separation of powers’.

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12
Q

Who split the Lords from the Judiciary?

A

Blair.

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13
Q

When did Blair split the Lords from the
Judiciary?

A

The Constitutional Reform Act 2005.

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14
Q

What replaced the Appellate Committee?

A

The Supreme Court.

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15
Q

Why is the supreme court better than the previous appellate committee?

A

• Separates powers.
• More open to public scrutiny.

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16
Q

How far does the jurisdiction of the supreme court reach?

A

Across the whole UK and is the highest court of appeal for all civil cases.
Final court of appeal in England, Wales and Northern Ireland. In Scotland, the High Court of the Justiciary fulfils this role.

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17
Q

How does the Supreme Court hold the government to account?

A

There is a judicial review on how the government has acted.

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18
Q

How is Supreme Court membership decided?

A

Five-member selection commission made of the most senior judges in the UK.
Then passed to justice secretary who has the opportunity to reject a nomination.
Then passed to the monarch to make the appointment.

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19
Q

Why is it vital that justices of the supreme court are independent?

A

Decisions should be reached on the principles of justice, rather than political pressure.

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20
Q

Why do some criticise the supreme court?

A

The privileged nature of the justices make it unlikely to reflect the way in which law interacts with modern society.

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21
Q

How is the Supreme Court unrepresentative?

A

Mostly men, who have been privately educated and then attended Oxbridge.

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22
Q

What does the social status of judges tend to mean about case decisions?

A

They tend to favour (hmm.) the establishment.

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23
Q

How does the government still retain some political influence over the appointment of justices?

A

The justice secretary does not need a legal background, yet has the power to reject a nominee.

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24
Q

How can the Supreme Court be pulled into politics?

A

In cases concerning major political disputes, the neutrality of the court could be argued.

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25
Q

How can the Supreme Court claim to be neutral and independent?

A

• Judges are not allowed to be party members.
• udicial salaries are not determined by Parliament.
• It is incredibly difficult to remove senior judges from office.
• Appointments are more transparent since the Constitutional
Reform Act 2005.
• Court cases are generally open to the public, so any bias would become apparent quickly.
• Parliament is under ‘sub judice’ when a case is being heard.

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26
Q

What is sub judice?

A

The inability of Parliament to express an opinion on cases that are currently being heard.

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27
Q

How have judges recently become less socially conservative?

A

The judiciary has become more willing to confront both Parliament and the executive.

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28
Q

How has the judiciary stood up to Parliament recently?

A

The Gina Miller case, the government did not have the authority to begin withdrawal from the EU.

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29
Q

What is judicial neutrality?

A

The rule of law requires that judges must be neutral.

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30
Q

Why is the UK Supreme Court less powerful than those found in the USA?

A

There is no codified constitution to refer to legislation.

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31
Q

What constitutional and political functions does the Supreme Court hold?

A

• Determining the meaning of law.
• Deciding whether a public body has acted beyond its authority.
• Establishing where sovereignty is found within the UK.
• Declaring when the government has acted in defiance of the HRA.

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32
Q

Why do decisions made in the Supreme Court carry greater weight than in other courts?

A

There is no place to appeal above the
Supreme Court.

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33
Q

What is ultra vires?

A

The principle that one has ‘acted beyond one’s authority’.

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34
Q

Where can ultra vires often be applied?

A

To quash actions made by governmental departments that overstep the mark.

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35
Q

To what extent does the Supreme Court influence the executive and
Parliament?

A

Determining the meaning of the law.
• Establishing whether a public body has acted ultra vires.
• Determing location of sovereignty in the UK.
• Declarations of incompatibility with the HRA.

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36
Q

Why is the power of the Supreme Court to determine location of sovereignty so important?

A

The location of sovereignty can be disputed, so their decisions can be very important.

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37
Q

What was the Gina Miller case?

A

The Supreme Court ruled that as Parliament decided to join the EU, Parliament must also decide to leave the EU, not the government.

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38
Q

Why are judges unable to strike down Acts of
Parliament?

A

Due to Parliamentary sovereignty.

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39
Q

What does the Supreme Court do in an event of the ECHR being infringed?

A

The judges issue a formal statement of incompatability, which places significant pressure on Parliament to amend the law.

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40
Q

Is the Supreme Court influential? (Yes)

A

• The UK’s most senior court.
• The UK’s final court of appeal.
• Supreme Court justices are the most senior in the UK.
• Significant pressure can be placed on government to amend/ repeal Acts that are incompatible with other laws.
• The Supreme Court decides the location of sovereignty in the UK.

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41
Q

Is the Supreme Court influential? (No)

A

• Parliamentary sovereignty means Parliament can ignore decisions.
• The Supreme Court cannot initiate cases.
• The Supreme Court cannot cause the government to repeal laws.
• The Supreme Court is bound by what the law states.

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42
Q

Where does the executive lie in the British
Parliamentary system?

A

Within Parliament.

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43
Q

Why is the executive accountable to the
Commons?

A

Due to Parliamentary Sovereignty.

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44
Q

Why has it been claimed that Parliament is ineffective at holding the government to account?

A

• Government exterts a great deal of control over parliamentary business.
• Public Bill Committees always have a government majority and are whipped.
A government with a large majority should be able to rely on the support of its MPs to pass the legislative programme it wishes.
• Government can change law via secondary legislation.
• The PM possesses extensive powers of patronage.
• The PM does not need to consult Parliament on the usage of
British military forces.
• The Lords should not attempt to stop legislation in the winning parties manifesto.

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45
Q

How did Lord Hailsham describe the
executive?

A

An ‘elective dictatorship’.

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46
Q

Why do minority / small majority governments find it difficult to pass legislature?

A

They might not be able to rely on the loyalty of backbenchers.

47
Q

Give some examples of weak Parliamentary influence?

A

• Thatcher from 1979 - 87.
• Blair from 1997 - 2001.
• Cameron/Clegg from 2010 - 2015.

48
Q

How was Thatcher’s tenure an example of weak parliamentary influence?

A

She led the Conservative party in a determined manner.
Labour split to form the SDP and Labour, so previous Labour voters had two parties to vote from.
Her majority increased to 144, with neither Foot nor Kinnock able to effectively challenge her policies.

49
Q

How was Blair’s first tenure an example of weak parliamentary influence?

A

He won a majority of 179 seats.
The Conservatives were undermined by divisions ove EU membership and ineffective leadership of Hague.

50
Q

How was Cameron/Clegg’s tenure an example of weak parliamentary influence?

A

The coalition led to the support of 363 MPs opposed to 259 Labour
MPs.
The authority of government was enhanced by the fixed term parliament act 2011, scheduling the next GE for 2015.
With such a big majority, even significant backbench rebellions could be beaten.

51
Q

What are some examples of strong parliamentary influence?

A

• Wilson/Callaghan from 1974 - 79.
• Blair from 2005 - 2010.
• May from 2017 - 2019.

52
Q

How was Wilson’s final tenure an example of strong parliamentary influence?

A

He only had a majority of 3 seats after the 1974 GE.
Labour lost their majority over by-election defeats and Callaghan was forced to enter a C&S agreement with the Liberal Party in 1976.

53
Q

How was Blair’s final tenure an example of strong parliamentary influence?

A

After his controversial invasion of Iraq in 2003, his majority was massively reduced with the support of only 35.2% of the electorate.
Backbenchers became less loyal, and he lost his first parliamentary vote.
When Brown became PM, the Conservatives were much more confident under Cameron.

54
Q

How was May’s tenure an example of strong parliamentary influence?

A

The Conservatives lost seats after her decision for a snap general election, with May becoming PM of a minority administration.
She entered into a C&S with the DUP, making Brexit legislation more difficult to pass.

55
Q

How have the powers of Parliament increased in recent years?

A

• Backbench business committee.
• Select committee chairs elected by secret ballot.

56
Q

What is the Backbench Business Committee?

A

Allows backbenchers to determine issues that they wish to debate for 35 days each Parliament.

57
Q

Why has the introduction of secret ballots to decide select committee chairs increase the power of the Commons?

A

Prior to 2010, select committee membership was decided by whips, meaning that loyal rather than independent-minded MPs were selected.

58
Q

What convention has recently (hmm..) reduced executive authority?

A

Parliament should now be consulted on the commitment of British forces to military operations.

59
Q

How has the convention for military operations been enacted?

A

Blair consulted Parliament on the Iraq War, but it is not a legal requirement.
May ignored the convention when the RAF joined French/American airstrikes on Syrian chemical weapons.

60
Q

How has the power of the Lords been improved?

A

The removal of most of the hereditary peers and their replacement with life peers, the Lords can claim greater professional expertise and so has become more self-confident in opposing government legislation.

61
Q

What is the EU?

A

An economics and political supranational organisation.

62
Q

Where can the EU be traced back to?

A

The Schuman Declaration 1950.

63
Q

Why was the EU initially set up?

A

By pooling together coal and steel production as a supranational state, war between European states should have been theoretically impossible.

64
Q

Who initially had the idea for the EU?

A

Robert Schuman.

65
Q

What was Robert Schuman’s proposal?

A

France and Germany should pool their production of coal and steel under one supranational authority to preserve peace.

66
Q

Who was Robert Schuman?

A

The french foreign secretary.

67
Q

What followed the European Coal and Steel
Community?

A

The EEC.

68
Q

What was the EEC?

A

A supranational organisation that aimed to increase the union between the countries of Europe.

69
Q

What were the four freedoms of the EU?

A

• Free movement of goods
• Free movement of services
• Free movement of capital
• Free movement of people

70
Q

Why did some people initially think the EU was a positive?

A

Positive social and economic impacts.

71
Q

Why did some people initially think the EU was a negative?

A

Undermining democratic accountability and threatened Britain’s existence as an independent nation state.

72
Q

What were the benefits for the UK of EU membership?

A

Duty-free access to the world’s second largest economy.
• EU immigration improving economy.
• Jobs reliant on trade with the EU.
• British entrepreneurs can move anywhere they want in the EU.
• Erasmus programme to allow British citizens to study in the EU.
• Workers’ rights are enshrined in the Social Chaper of the
Maastricht Treaty.
• The UK has been able to assert shared values on other nation states outside of the EU.

73
Q

What are the negatives for the UK from EU membership?

A

Parliamentary sovereignty is undermined.
• EU democratic defecit as the European Commission is not directly elected.
• EU legislation creates unnecessary bureaucracy.
• The CAP (Common Agricultural Policy) protects EU farmers from non-EU competition. The UK has very little workforce in agriculture so does not benefit from 38% of EU spending.
• The UK has had to subsidise a protectionist scheme, going against free-market principles that the EU is founded upon.
• The UK can still engage in other global trade outside of the EU.
The UK contributes more to the EU than it gets back.

74
Q

Why did the Labour parties of the 70s and 80s dislike the EEC?

A

It acted as a barrier to achieving socialism.

75
Q

Why do recent Conservative parties dislike the
EU?

A

They feel it undermines parliamentary sovereignty and national identity.

76
Q

What is the major reason for the UK’s historic lack of commitment?

A

The UK did not join until 16 years after it was established by the Treaty of Rome.

77
Q

What was the problem with joining the EU late?

A

It had to accept the Common Agricultural Policy, conflicting with British interests.

78
Q

Why did the UK avoid joining the EU until later?

A

The UK was desparate to maintain a national identity separate from the EU.

79
Q

Why did the remain campaign not resonate with the electorate as expected?

A

The economic reasoning of the three major parties, CBI, trade unions,
Bank of England and Chancellor of the Exchequer did not outweigh the social focus of the Leave campaign, that resonated with C2, D and E voters.

80
Q

What do ‘soft’ Brexit voters want?

A

To remain in as much of the single market as they can, without the complete free movement of people.
Similar to Switzerland or Norway.

81
Q

What do ‘hard’ Brexit voters want?

A

A complete leave from the single market, with success in making trade deals with the global economy.

82
Q

What is political sovereignty?

A

Absolute authority.
Since the legislature’s authority derives power from the public, it may be said that the public is exercising political sovereignty.

83
Q

What is legal sovereignty?

A

The right of Parliament to enact legislation which has absolute authority and cannot be overturned by any other body.

84
Q

At what point do the British public reclaim their sovereignty?

A

At each general election.

85
Q

When does popular sovereignty occur?

A

When the electorate expresses sovereign will via direct democracy (referendums etc.)

86
Q

Why is the power of Parliament not in it’s own making?

A

The Commons is accountable to the public at general elections.

87
Q

What kind of state has the UK (traditionally)
been viewed as?

A

A unitary state.

88
Q

Why was the UK viewed as a unitary state?

A

The authority was located in the Westminster
Parliament.

89
Q

Why is the UK not a federal government?

A

The power is not shared between the government and the states.
Parliament has supreme legislative authority.

90
Q

What is the convention for referendums?

A

They should be called to rectify important constitutional questions.

91
Q

Why are referendums not legally binding?

A

There is parliamentary sovereignty, although it would be incredibly unpopular if the government did not follow a referendum result.

92
Q

Why are referendums not legally binding?

A

There is parliamentary sovereignty, although it would be incredibly unpopular if the government did not follow a referendum result.

93
Q

When was the precedent set to ask the public referendums?

A

In 1997 by Blair.

94
Q

What happens when a government has a large parliamentary majority in terms of legislature?

A

There will be very few constraints on it’s legislative abilities.

95
Q

How has devolution changed the location of sovereignty in the UK?

A

Certain domestic powers were given to national assemblies.
Westminster always has the ability to reclaim the powers, but as a general rule of thumb, it leaves the national assemblies to themselves.

96
Q

Why would it be incredibly difficult to take powers from Wales and
Scotland?

A

They both claim popular legitimacy as they both won a referendum to get their assemblies.

97
Q

How can the Senedd or Scottish Parliaments have their powers revoked?

A

The Scotland Act 2016 and Wales Act 2017 recognised the permanence of their governments, so they can only be revoked by another referendum.

98
Q

What does the transfer of powers to devolved assemblies mean to the type of state the UK is?

A

We are possibly seeing a change to a quasi-federal state with constituent members of the UK having their own powers.

99
Q

Why is Parliament not sovereign in certain areas?

A

The royal prerogative exercised by the PM.

100
Q

What powers does the PM withhold from
Parliament?

A

• Powers of patronage
• Recommendations to the Crown for peers and Anglican Bishops
• Cabinet decisions

101
Q

How has the royal prerogative been undermined more recently?

A

Since the debate over military action in Iraq in 2003, Parliament now expects to be consulted over military action.

102
Q

How has the convention for Parliamentary debate on military action been ignored?

A

Theresa May did not consult Parliament when bombing certain areas of Syria.

103
Q

How did the EU blur the lines of sovereignty in the UK?

A

The sovereignty of the British nation was pooled with other EU nation states.

104
Q

What was the first case that established EU law being sovereign over
British law?

A

The Factortame Case (1991)

105
Q

Why did Brexit prove the UK always had Parliamentary sovereignty over the EU?

A

Brexit allowed the UK to repeal EU law, restoring Parliamentary sovereignty, which it could have done at any time.

106
Q

What law can British courts refer to in cases of human rights?

A

The Human Rights Act 1998.

107
Q

Why is the HRA still weak to limit
Parliamentary sovereignty?

A

The Act can be repealed at any time.

108
Q

When was the HRA repealed? (hmm…)

A

Article 5 was suspended post 9/11, so the government could hold terrorist suspects indefinitely.

109
Q

How can Parliament pass legislation if it’s in defiance of the HRA?

A

Due to the principle that no Parliament may bind its successor, they can pass any legislation they would like.

110
Q

What does the judiciary do for legislation that is in defiance of theHRA?

A

They issue a formal statement of incompatability.

111
Q

Why has globalisation changed the location of
UK sovereignty?

A

The UK is expected to follow trading rules of the WTO, and commit to NATO’s constitution.

112
Q

How has the location of sovereignty changed in the UK?

A

• Referendums.
• Strong Executives.
• Devolution.
• Royal Prerogative.
• EU (hmm…)
• HRA
• Globalisation

113
Q

Is the Westminster Parliament sovereign? (Yes)

A

• Parliament legislated to leave the EU.
• There is no codified constitution so there is no law higher than parliamentary statute.
• The HRA can be repealed at any time.
• Parliament could abolish devolved assemblies by Act of
Parliament.
• Parliament is not legally bound by referendum.

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