section 8: Relations Between the Branches

Question 1

Judges apply individually for roles

Answer 1

2005 Constitutional Reform Act created Judicial Appointments Committee (JAC)

Question 2

There is no fusion of powers from the judiciary

Answer 2

2005 Constitutional Reform Act - removed Law Lords

Question 3

The Supreme Court has more judges speaking out

Answer 3

2015 - criticism of new ‘criminal courts charge’ & over 100 magistrates resigned in protest

Question 4

The Supreme Court is unrepresentative

Answer 4

only two female justices (Lady Rose and Lady Simler) all but 1 attended Oxbridge

Question 5

Supreme Court Justices have extensive legal training

Answer 5

Lady Rose had 40 years experience as a barrister before becoming a justice in 2021

Question 6

The PM has the final say on appointments

Answer 6

Constitutional Reform Act 2005 - The Justice Secretary (Lord Chancellor) reviews appointments and PM by convention agrees

Question 7

Judges do not allow politics to influence their decisions

Answer 7

The Constitutional reform act 2005

Question 8

The Government has a clear mandate to protect its citizens

Answer 8

The Human Rights Act 1998 or proposed British Bill of Rights 2015

Question 9

Judges are qualified and have significant legal experience

Answer 9

Lady Rose on the SCUK had 37 years experience before being appointed in April 2021

Question 10

The government can propose legislation that is passed giving them the actual ability to establish rights

Answer 10

Freedom of Information Act 2000
Equality Act 2010

Question 11

The SCUK can issue declarations of incompatibility that cause gov. to do something

Answer 11

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

Question 12

The government can set a precedent for the judiciary to follow

Answer 12

Human Rights Act 1998

Question 13

If executive doesn’t have a majority, Parliament can veto legislation

Answer 13

Theresa May’s Chequers deal rejected in 2018

Question 14

Both houses of parliament can scrutinise legislation and HofL can delay

Answer 14

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)

Question 15

In extreme cases, a government can be dismissed by Parliament through a vote of no confidence

Answer 15

1979 - James Callaghan’s Labour Government

Question 16

Parliament can expose any disunity within the government and/or the government’s strength

Answer 16

Liz Truss’s mini-budget proposal was overturned before even being voted on in Parliament

Question 17

Rights in the UK are codified by HRA 1998

Answer 17

Catherine Zeta Jones v. Hello Magazine 2001 - artice 8 (right to privacy) outweighed magazine’s article 10 (right to expression)

Question 18

Judicial review allows the judiciary to limit executive dominance

Answer 18

R (Miller) v. Secretary of State for Exiting the European Union 2017
R (Miller) v. Prime Minister 2019

Question 19

Cases can be taken to the European Court of Human Rights (ECrHT) which is effectively binding on government

Answer 19

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

Question 20

Parliament’s sovereignty means it can pass acts to get around SCUK rulings

Answer 20

2005 Prevention of Terrorism Act in response to the Belmarsh Case

Question 21

The Supreme Court is an appellate court

Answer 21

Belmarsh Case 2004 3 years after 2001 Anti Terrorism Act and only considered when pressure group Liberty brought it forward

Question 22

Parliament is the only branch able to create and remove legislation

Answer 22

Terrorist Asset Freezing Act 2010 passed despite judicial review saying it contradicted ECHR

Question 23

Brexit has returned sovereignty to Parliament

Answer 23

Retained EU Law (Revocation and Reform) Act 2023
European Union (Notification of Withdrawal) Act 2017

Question 24

Parliament delegates power to devolved assemblies

Answer 24

Scotland Act 2012 gave Scotland tax-varying power
Wales Act 2014 gave Wales some control over tax

Question 25

Devolved bodies don’t see Westminster’s decisions as legally sovereign

Answer 25

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

Question 26

If executive has large majority, Parliament’s sovereignty decreases

Answer 26

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

Question 27

The use of judicial review is increasing

Answer 27

Trump International Golf Club v. Scottish Ministers 2015

Question 28

Findings of judicial review are not legally binding

Answer 28

HM Treasury v. Ahmed Case 2010 - Terrorist Asset-Freezing Act against ECHR

Question 29

Supreme Court is unelected

Answer 29

2005 Constitutional Reform Act

Question 30

Restrictions on the Supreme Court curb its power

Answer 30

minimum sentencing requirements - Sentencing Council set up April 2010 - consults with Parliament
appellate court - Belmarsh Case 2004