SoP in the UK Flashcards
How does the Queen break SoP
she has a role in all 3 arms of state
How does LC break SoP
He is an MP, (legislature), he is Minister for Justice (Executive) and responsible for the operation of the courts- thus as long as the HoL remains the final court of appeal in the UK and the LC remained both senior Cabinet Minister an ahead of the judiciary SoP would be broken
What did the Constitutional Reform Act do?
reduced the overlap, judges no longer can sit in the HoL, removing overlap of the judiciary and the powers of LC reduced as he is no longer head of the judiciary
Despite constitutional reform act, why does the LC still break the SoP
He is still the Minister for Justice, therefore remains a member of the executive, but still has the ability to be able to pressurise the judiciary despite no longer having a formal role within it
What Act limits the number of Ministers appointed to the HoC to 95 therefore it is now impossible for the HoC to have a majority of executive
S 2 House of Commons (Disqualification) Act
Who is disqualified from sitting in the HoC
most members within the executive- civil servants, police and armed forces, although Ministers are still able to sit in the HoC
How is the doctrine of legislative supremacy reinforced by SoP
SoP between the judiciary and the legislative, as generally protects an Act of Parl from being called into question in court, hence legislative supremacy overrides the judiciary’s use of precedent and makes the clear SoP between the two arms of state
However, the r/ship between the legislature and the executive remains close- what legislation seeks to reinforce this
Regulatory Reform Act amended by Legislative and Regulatory Reform Act, which enables Ministers of the Crown to make orders for the purpose of amending certain categories of provisions in statute.
S10 HRA enables Minsters of the Crown to make remedial orders amending legislation which is imputable with the HRA
What does Bagehot believe our SoP to be
‘the efficient system of the British constitution is the close union, the nearly complete fusion, of the legislative and the executive powers’ however many disagree with this arguing that the two still remain visibly distinct
Who appoints senior judges and why is this an issue with SoP
Executive appoints senior judges, thus controversy with regards to fair trial and bias
What is the role of judges
the role of judges is to solve legal dispute, protect rights, interpret and enforce the law
How do judges break SoP
Judges can infer with the legislative function through statutory interpretation, original precedent and issues of compatibility with HR and EC
In which case was an injunction granted
M v Mental Health Tribunal
How do they interfere with the executive function
the JR process allows them to stop Ministers from exceeding their powers - have they taken on too much of the political role?
Conclude on the UK’s SoP
In the absence of a written constitution, there is no formal SoP, the functions of the legislature and the executive remain closely inter-related, but the judiciary have remained more separated- need for independent judiciary
