Relationships between the branches Flashcards
Bi Cameral Legislator
Bicameralism is a type of legislature that is divided into two separate assemblies, chambers, or houses, known as a bicameral legislature.
Fused Powers
Where the executive and legislative branches are entwined
Separation of powers
It is about having specific and separate powers and functions between the three branches of state (US)
Lobby Fodder
Backbenchers who do what they are told
Who cannot enter the house of lords?
Primeminister
5 features of the House of commons
- Legislation begins
- Government majorities
- Appoint committees/ CHAIRS
- Bills are introduced
- Scrutiny and Accountability
3 main features of supreme court
- Unelected
- Seperation of powers
- Parliment is sovergin
what happened in the 2019 Miller VS Prorogation parliament case
On 24 September, the eleven-justice panel of the Supreme Court ruled unanimously that the prerogative power of prorogation was justiciable and the ongoing prorogation of Parliament was both unlawful and void.
What is Prorogation
Primeminister closing parliment for a length of time
what three things does the supreme court do
Clarifies law
interpret law
Clarify constitunial issues
When was the supreme court formed
Established in 2009
Replaced the house of lords as the highest court appeal
Rule of Law
principle that all individuals and entities, including the government, are accountable to the law. It ensures fairness, equality, and legal certainty.
judge-made law
also known as common law is created through decisions in which judges make in individual cases.
main responsibilities of the UK Supreme Court?
final court of appeal for civil and criminal cases, conducts judicial reviews of government actions, and determines jurisdiction issues.
civil liberties
individual freedoms and rights protected by law.
three examples of civil liberties
reedom of speech, the right to privacy, and the right to a fair trial.
How do they ensure neutrality of the justices of the supreme court
Physical separation from Parliament, judges not being members of political parties, salaries not determined by Parliame
Where is the supreme court
Middlesex Guildhall
Constitutional Reform Act 2005
emoved the Law Lords from the House of Lords, establishing the Supreme Court as a separate institution, and promoted transparency in judicial appointments through the Judicial Appointments Commission.
judicial Independence
judges must be free from control or persuasion by the executive or legislative branches to administer justice fairly and impartially.
Judicial Neutrality
requires judges to eliminate political bias and personal prejudice, ensuring that their judgments are influenced only by a fair interpretation of the law
Enemies of the People
headline used by the Daily Mail in 2016, suggesting that judges were hindering the will of the British public by opposing Brexit and impeding government actions.
concerns are raised about the Supreme Court’s ability to provide justice?
privileged background of Supreme Court justices, their private education, and attendance at elite universities, potentially making them ill-suited to interpret the law in a way that reflects modern society.
judicial review
is a process in which a judge reviews the lawfulness of actions by public bodies, including the government.
Importance of Judical review
ensuring that public bodies are held legally accountable for their decisions.
ultra vires
nciple that one has ‘acted beyond one’s authority.’ If a public body, including the government, acts beyond its authority, the courts can rule those actions as ultra vires and quash them
significance of the Human Rights Act (1998)
European Convention on Human Rights into British law, allowing UK judges to refer to human rights principles in their judgments, contributing to the development of case law.
In the case of R (Miller) v Secretary of State for Exiting the European Union (2017), what decision did the Supreme Court reach, and what was its impact on the government’s authority?
he Supreme Court, in a majority decision of 8-3, ruled that the government did not have the authority to trigger Article 50 without parliamentary approval. This decision upheld the principle that major constitutional changes require clear authorization by Parliament.
Gina Miller case (2019) vs Prime Minister Boris Johnson
alleging that the prorogation of Parliament was an attempt to limit parliamentary opposition to his Brexit proposals.
Outcome of the Brois Johnson vs Gene Miller case
unanimously found the prorogation to be illegal, stating that it frustrated Parliament’s ability to carry out its constitutional functions without a justifiable reason.
What limitation does the Human Rights Act have in terms of its power to strike down legislation, and why does this demonstrate the sovereignty of Parliament?
The Human Rights Act cannot be used to strike down legislation as it is not a higher constitutional law. The sovereignty of Parliament is demonstrated because, despite conflicts with the Human Rights Act, new laws introduced by Parliament would still stand.
Belmarsh case (2004), what powers did the Blair government use, and why were these powers challenged by the Law Lords?
Blair government used powers granted by the Anti-terrorism Crime and Security Act 2001 to hold foreign terrorist suspects indefinitely without trial. The Law Lords challenged this, declaring it discriminatory under the European Convention on Human Rights.
sovereignty of Parliament present a challenge to the effectiveness of the Human Rights Act in certain situations?
Parliament can still enact laws that conflict with Convention rights, emphasizing the supremacy of Parliament’s legal power.
What was the outcome of the case involving Shamima Begum (2021), and why did the Supreme Court rule in favor of the home secretary’s decision to revoke her British citizenship?
ruled in favor of the home secretary’s decision to revoke Shamima Begum’s British citizenship. Lord Reed stated that the right to a fair hearing did not trump all other considerations, such as the safety of the public, contradicting the Court of Appeal’s judgment.
elective dictatorship
efers to the concern that a British government, due to its dominance in Parliament, could essentially become a dictatorship elected by the peop
elective dictatorship in 1976 concerns
. Lord Hailsham expressed this concern in 1976.
political patronage
government offering ambitious backbenchers opportunities for advancement in exchange for loyalty.
What power does the prime minister have regarding the use of British military forces, and how was this demonstrated by Theresa May in 2018?
The prime minister does not legally have to consult Parliament on the use of British military forces. Theresa May demonstrated this in 2018 when she did not seek parliamentary approval for air strikes on Syria’s chemical installations.
Salisbury Convention and its principle regarding the House of Lords and government legislation.
House of Lords should not obstruct government legislation that was in the winning party’s manifesto, as it would go against the public’s vote.
Examples of weak parliamentary influence during specific periods, including the leadership of Margaret Thatcher and Tony Blair.
- Margaret Thatcher’s leadership (1979-87) when the opposition faced divisions
- Tony Blair’s term (1997-2001) when he had a significant majority and a united parliamentary party.
outcome of Theresa May’s decision to call a snap general election in 2017
Conservatives losing seats and her forming a minority administration.
challenges Boris Johnson faced in the House of Commons after becoming prime minister in July 2019.
ncooperative House of Commons, especially regarding his Brexit proposals. Parliament enacted the Benn Bill in September 2019, extending the Brexit deadline if a deal was not achieved.
Boris Johnson face challenges from within his party in 2021 and 2022, leading to his resignation as prime minister.
-2021, 99 Conservative MPs voted against Covid passes, requiring Boris Johnson to rely on Labour support for the bill to pas
- 2022, Johnson resigned as prime minister due to the loss of support from both his cabinet and the parliamentary Conservative Party, following revelations of illegal Downing Street parties during lockdown.
ability of Parliament to control the government increased in recent year
: Several reforms have made the House of Commons and the House of Lords institutionally stronger in their relationship with the government.
What reforms have contributed to the increased powers of backbench MPs,
establishment of the Backbench Business Committee in 2010 and the election of select committee chairs and members through secret ballots since 2010 are reforms that have increased the powers of backbench MPs.
liaison Committee
heads of select committees, regularly questions the prime minister in a restrained, non-partisan atmosphere.
Conventions or acts have been claimed to reduce the executive’s authority in recent years?
House of Commons should be consulted on the commitment of British forces to military operations and the Fixed-term Parliaments Act 2011, which prevents the prime minister from requesting a dissolution of Parliament at their convenience, have been claimed to reduce the executive’s authority.
What principle does the EU operate on concerning member states’ sovereignty?
pooling sovereignty, where member states share power within a larger political organization for increased influence.
EU enlargement?
promote peace, prosperity, and democratic values by expanding its membership and fostering cooperation across Europe
Four freedoms in the context of European integration
e free movement of goods, services, capital, and people among EU member states, fostering economic cooperation and interconnectedness.
Maastricht Treaty of 1993
principle of monetary union, leading to the introduction of the euro as a trading currency in 1999 and the replacement of existing currencies in the eurozone by 2002
EU addressed recent crises, including the migration crisis and the Covid-19 pandemic?
- Quarantine
- Financial responses
- financial commitment
supranational.
a form of international cooperation or governance where decisions and policies are made at a level above the national governments of participating states.
intergovernmental
a form of cooperation or governance where decisions are made through negotiations and agreements among sovereign states, maintaining a focus on national governments’ interests
main functions of the European Council
convenes leaders and foreign ministers to develop EU foreign policy, make strategic decisions,
European Commission
executive body of the EU, responsible for developing EU policy, proposing legislation, and ensuring its implementation
socioeconomic impacts of EU migration on the UK?
1991 to 1995, immigration averaged 37,000
impact of Brexit on the UK’s relationship with the EU
our freedoms no longer applicable. It allowed the UK to negotiate its own trade deals and have control over its borders
Brexit impact the constitutional relationship between the various parts of the UK?
The pro-Europeanism of Scotland led to increased calls for an independence referendum to rejoin the EU.
legal sovereignty
represents Parliament’s absolute right to enact legislation
political sovereignty
refers to the ultimate authority exercised by the public.
How have referendums and devolution contributed to a change in the location of sovereignty in the UK?
Referendums, although advisory, have demonstrated a de facto transfer of authority from Parliament to the public. The 2016 EU referendum, where the public voted to leave the EU, showcased a conflict between the sovereign will of the people and parliamentary sovereignty. Devolution, particularly in Scotland and Northern Ireland, involved the transfer of certain powers from Westminster to local assemblies, challenging the traditional unitary state perspective and affecting the location of sovereignty.
royal prerogative
exercised by the prime minister, allows certain areas where Parliament is not sovereign.
: How has the lack of a codified constitution affected the ability to strike down legislation and make major constitutional decisions in the UK?
The lack of a codified constitution in the UK means there is no law higher than parliamentary statute. The Supreme Court cannot strike down an Act of Parliament. While this provides flexibility for Parliament to legislate and assert its sovereignty, it also means that major constitutional decisions are not subject to a judicial check unless Parliament decides to legislate otherwise. The absence of a codified constitution allows for parliamentary discretion in such matters.
