section 8: Relations Between the Branches Flashcards
Judges apply individually for roles
2005 Constitutional Reform Act created Judicial Appointments Committee (JAC)
There is no fusion of powers from the judiciary
2005 Constitutional Reform Act - removed Law Lords
The Supreme Court has more judges speaking out
2015 - criticism of new ‘criminal courts charge’ & over 100 magistrates resigned in protest
The Supreme Court is unrepresentative
only two female justices (Lady Rose and Lady Simler) all but 1 attended Oxbridge
Supreme Court Justices have extensive legal training
Lady Rose had 40 years experience as a barrister before becoming a justice in 2021
The PM has the final say on appointments
Constitutional Reform Act 2005 - The Justice Secretary (Lord Chancellor) reviews appointments and PM by convention agrees
Judges do not allow politics to influence their decisions
The Constitutional reform act 2005
The Government has a clear mandate to protect its citizens
The Human Rights Act 1998 or proposed British Bill of Rights 2015
Judges are qualified and have significant legal experience
Lady Rose on the SCUK had 37 years experience before being appointed in April 2021
The government can propose legislation that is passed giving them the actual ability to establish rights
Freedom of Information Act 2000
Equality Act 2010
The SCUK can issue declarations of incompatibility that cause gov. to do something
Belmarsh Case 2004 - Government forced to change policy to track and trace rather than imprisonment
R (Steinfeld and Keiden) v Secretary of State for the International Development 2018 - Legislation (Civil Partnership Act 2004) amended by Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
The government can set a precedent for the judiciary to follow
Human Rights Act 1998
If executive doesn’t have a majority, Parliament can veto legislation
Theresa May’s Chequers deal rejected in 2018
Both houses of parliament can scrutinise legislation and HofL can delay
House of Lords in March 2017 voted to amend and delay a bill allowing Theresa May to start Brexit negotiations (European Union (Notification of Withdrawl) Bill)
In extreme cases, a government can be dismissed by Parliament through a vote of no confidence
1979 - James Callaghan’s Labour Government
Parliament can expose any disunity within the government and/or the government’s strength
Liz Truss’s mini-budget proposal was overturned before even being voted on in Parliament
Rights in the UK are codified by HRA 1998
Catherine Zeta Jones v. Hello Magazine 2001 - artice 8 (right to privacy) outweighed magazine’s article 10 (right to expression)
Judicial review allows the judiciary to limit executive dominance
R (Miller) v. Secretary of State for Exiting the European Union 2017
R (Miller) v. Prime Minister 2019
Cases can be taken to the European Court of Human Rights (ECrHT) which is effectively binding on government
2004 - Voting bans for prisoners breached European Convention on Human Rights
2012 - blocking of home office attempts to deport terror suspect Abu Qatada to Jordan
2022 - ECHR blocked 1st plane to Rwanda from UK
Parliament’s sovereignty means it can pass acts to get around SCUK rulings
2005 Prevention of Terrorism Act in response to the Belmarsh Case
The Supreme Court is an appellate court
Belmarsh Case 2004 3 years after 2001 Anti Terrorism Act and only considered when pressure group Liberty brought it forward
Parliament is the only branch able to create and remove legislation
Terrorist Asset Freezing Act 2010 passed despite judicial review saying it contradicted ECHR
Brexit has returned sovereignty to Parliament
Retained EU Law (Revocation and Reform) Act 2023
European Union (Notification of Withdrawal) Act 2017
Parliament delegates power to devolved assemblies
Scotland Act 2012 gave Scotland tax-varying power
Wales Act 2014 gave Wales some control over tax
Devolved bodies don’t see Westminster’s decisions as legally sovereign
Scottish Parliament appealed to Court of Session against Parliament’s use of section 35 to block 2022 Gender Reassignment Bill BUT dropped case in December 2023
If executive has large majority, Parliament’s sovereignty decreases
Tony Blair majority of 179 - only suffered 4 defeats in 10 years
Johnson had a 48 seat stronger majority and could pass his (worse) Brexit deal
The use of judicial review is increasing
Trump International Golf Club v. Scottish Ministers 2015
Findings of judicial review are not legally binding
HM Treasury v. Ahmed Case 2010 - Terrorist Asset-Freezing Act against ECHR
Supreme Court is unelected
2005 Constitutional Reform Act
Restrictions on the Supreme Court curb its power
minimum sentencing requirements - Sentencing Council set up April 2010 - consults with Parliament
appellate court - Belmarsh Case 2004
