the balance of powers

Question 1

parliaments power regarding the executive

Answer 1

parliament has power over the executive
-parliament has the power to run checks on the exectuive
-parliament can pass legislation that limits/extends executive powers
-parliament can ask questions of ministers
-can withdraw their confidence and force new election

but the executive can:
-can choose which bills to put foward (dominates legislative agenda)
-the executive can dissolve parliament when it chooses

Question 2

parliaments power regarding the judiciary

Answer 2

not:
-sub judice convention ensures parliament respects the independance of the judiciary

but parliaments power over the judiciary:
-parliament can remove judges
-can pass acts over-riding important cases (R AAA v SOS for the home department 2023- decided rowanda wasnt a safe third country, parliament overrode with the safety of rowanda act 2024)
-parliament can include ‘ouster’ clauses saying judicial review cannot apply

Question 3

judicial powers regarding parliament and the executive

Answer 3

balance:
-respects parliamentary sovereignty (the enrolled bill rule which states once a bill becomes law the courts assume all procedural rules were followed and cannot question procedure) and applies supremacy (acts are supreme law)
-but able to lossen judcial restraint and not recognise soveriegnty (Jackson v AG 2005- courts rules they had authrity to examine the validity of the hunting act)

-courts hold the crown and executives to the rule of law (via judicial review)
-but execrises restraint from reviewing key areas of high importance (e.g the conduct of foreign policy)

Question 4

executive powers regarding parliament and the judiciary:

Answer 4

-executive accountable to parliament for the actions of its ministers
-but executive, through control of parliament, can grant itself wide powers under delegated legislation
-executive respects the independence of the judiciary
-but responsible for funding the judiciary
-LC can still veto nominations by the judicial appointments commission

Question 5

delegated legislation

Answer 5

-can be reviewed by parliament through negative or affirmative procedure
-can be reviewed by courts for ultra vires

but:
-used too much for parliament to be able to scrutinise?
-powers given too broad?