Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Politics > UK GOVERNMENT - Relations Between Branches > Flashcards

UK GOVERNMENT - Relations Between Branches Flashcards

1
Q

What Act created the Supreme Court?

A

The Constitutional Reform Act 2005

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why was the role of the Lord Chancellor peculiar?

A

He was involved in all three branches of government: legislation (as Speaker of the House of Lords), executive (as a Cabinet Minister), and the Judiciary (as the Head of the Law Lords)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who is now the head of the UK Judiciary, instead of the Lord Chancellor?

A

The Chief Justice Secretary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the head of the Supreme Court known as? And who is the current one?

A

The current President of the Supreme Court is Robert Reed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What kind of court is the Supreme Court?

A

Appellate: only hears appeals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are 5 reasons the Supreme Court may allow a case to be brought?

A
  • Judicial Review (review and sometimes reversal of actions made by other government branches)
  • The case may set an important precedent
  • It involves an important interpretation of law
  • The case has garnered public interest
  • It is a key issue of human rights.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who could you used to appeal to after the Supreme Court?

A

The European Court of Justices, but this is only if the case applies to some aspect of EU law like workers’ rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

After leaving the EU, can UK citizens take human rights cases to the European Court of Human Rights?

A

Yes. The ECHR is separate from the EU so Brexit will have no effect on their power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

[CASE STUDY] Summarise the ruling of R (Miller) V Secretary of State for Exiting the EU (2016).

A

The Supreme Court confirmed the High Court’s ruling alongside Gina Miller, that the executive does not have the prerogative power to trigger Article 50 and that a parliamentary vote would have to occur.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

[CASE STUDY] What does the Gina Miller Article 50 2016 case illustrate?

A
  • It is the judiciary’s power to determine the limits of the government’s prerogative powers
  • Rule of Law is superior to political considerations
  • Parliament is sovereign in decisions that will affect the rights of UK citizens
  • Referendums are not legally binding
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the four roles of the Supreme Court?

A
  • Ensuring Rule of Law is applied
  • Interpretation of law
  • Conducting judicial review
  • Hearing Cases
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How does the Supreme Court ‘ensure the Rule of Law is applied’?

A

The Supreme Court is the ultimate decider of whether the Rule of Law has been correctly applied or abused by other courts in the land and are able to overrule them, if so.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Give an example of a Supreme Court case that relates to Rule of Law and the ruling.

A

Schindler v Duchess of Lancaster (2016): should British citizens who have lived abroad for over 15 years be able to vote in Brexit? No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the members of the Supreme Court called and how many are there?

A

The 12 Justices of the Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How are the interpretations of the Supreme Court important?

A

They set “Judicial Precedent”: other judges must follow the interpretation of the law that the Supreme Court lays out.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Give an example of a case where the Supreme Court interprets the law and the ruling.

A

Pimlico Plumbers Ltd. v Smith (2018): are ‘gig economy’ workers self-employed or employees who are entitled to workers’ protections? Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define ‘ultra vires’.

A

‘Beyond the powers’: when a government or public body has exceeded its statutory powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Why did the number of Judicial Reviews increase in 2000?

A

The Human Rights Act 1998 gave courts the power to review whether actions made by government and public bodies were in line with the European Convention on Human Rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the two democratic objectives Judicial Review achieves?

A
  • Preventing ‘ultra vires’
  • Asserting the rights of citizens
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

[ACTING ULTRA VIRES] Summarise Miller’s case against Boris Johnson and the proroguing of Parliament.

A

Miller took Johnson to the Courts for attempting to prorogue Parliament in the weeks leading up to the deadline for leaving the EU on October 31st, allegedly trying to force a no-deal Brexit. The Supreme Court ruled it unlawful and Johnson was unable to prorogue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

[REVIEWING THE LEGALITY OF PARLIAMENTARY LEGISLATION] Summarise Steinfeld and Keiden’s case regarding civil partnerships.

A

Steinfeld and Keiden argued that, under the Civil Partnership Act and the Marriage (Same Sex Couples) Act, same sex couples are given more choice than different sex couples, amounting to discrimination. The Supreme Court ruled in their favour and May was pressured to change it, but only happening in December 2020.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

[ESTABLISHING A LEGAL PRECEDENT] Summarise an NHS Trust’s case and how it links to establishing a legal precedent.

A

In 2018, the Supreme Court ruled that the approval of a court was unnecessary in withdrawing treatment from a patient in a permanent vegetative state, only the approval of doctors and the family - setting a precedent for future courts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Give a Supreme Court Case relating to intersection of two rights, and the ruling.

A

PJS v News Group Newspapers: does a celebrity’s right to privacy outweigh a newspaper’s freedom of expression to reveal private information about that celebrity? Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Fill in the sentence: Supreme Court Judges have to be _____ and ______.

A
  • Independent
  • Neutral
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Why is the independence of Supreme Court judges important?

A
  • Judges are checks on the government’s power so need to be independent to make clear judgements.
  • The people need to be secure that the decisions they make are not affected by any groups’ interests, only the law.
  • Judges need not be influenced by short term changes in public opinion, such as after a terrorist attack.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What are the four ways judiciary independence is maintained?

A
  • Security of tenure
  • Rule of Sub judice
  • Independent Appointment
  • Judicial Pay
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

How does security of tenure assure judiciary independence?

A

Judges are free to offend the government by openly disagreeing with them in Judicial Review, and not have to worry about dismissal unless they have been shown to be corrupt.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

How does the rule of sub judice assure judiciary independence?

A

No servant of government is allowed to interfere in the results of a case, or even to comment on it in public. This is to avoid politicians applying pressure to judges for a certain result.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

How does the independent appointment of judges assure judiciary independence?

A

Governments cannot appoint people who have similar political views in order to sway future cases, or appoint people they know and have favour with.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

How does Judicial Pay assure judiciary independence?

A

As the pay of Judges is decided by a non-government agency (the Senior Salaries Review Body), there is no danger that the government will try to influence judges with money.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Why must Supreme Court judges be neutral?

A
  • Judges decisions are based on Rule of Law which demands equality in judgement
  • Judges interpret meaning not fairness of law, it is Parliament’s role if a laws is considered unfair.
  • The people must have faith that their cases are being heard on a fair basis in order for the system to have legitimacy.
32
Q

What are the four ways Judicial Neutrality is ensured?

A
  • Rulings must be made on the basis of law
  • Peer Review
  • Restrictions on Group Membership
  • Training and Expertise
33
Q

How does the basis of law maintain judiciary neutrality?

A

Judges have to lay out their reasoning in their judgement so have to clearly demonstrate that their decision is not influenced by personal belief.

34
Q

How does peer review maintain judicial neutrality?

A

Any case below the Supreme Court can be appealed and, if relating to human rights, can be appealed to the ECHR. Additionally cases are heard by at least five judges to avoid any one person’s beliefs influencing the decision.

35
Q

How does restricting group membership maintain judicial neutrality?

A

Judges banned from having formal ties to any political party (such as membership) and if they have a conflict of interest, the judge is to declare it and possibly recuse themself.

36
Q

How does training and experience maintain judicial neutrality?

A

The Justices are the most highly trained legal minds in the UK so have the legal experience to maintain professional neutrality.

37
Q

Why do people on the right believe that the Justices are not neutral?

A

The Supreme Court is largely composed of liberal lawyers who are likely to value rights over state security and law and order.

38
Q

Why do people on the left believe that the Justices are not neutral?

A

Judges come from a very narrow social background (mostly older cis straight able bodied white men) so they are likely to have some level of internal and subconscious biases.

39
Q

What is considered the biggest threat to judicial independence and neutrality, giving an example?

A

Attempts by politicians and media to politicise their decisions; for example, the Sun printing a paper with the Justices and “ENEMIES OF THE PEOPLE” plastered on the front.

40
Q

Why does Parliament have more power than the Supreme Court?

A
  • Parliament is sovereign, so the judiciary cannot defy them
  • Judges have to enforce laws even if they feel they are unjust
  • Even if judges rule a government action as unlawful, the law can be changed
41
Q

Give an example of the government amending the law to make their actions legal.

A

Gordon Brown passing the Terrorist Asset Freezing Act after the Supreme Court ruled it unlawful for the government to freeze the bank accounts of terrorist suspects.

42
Q

How was the Judiciary different before the 1970’s?

A

They were perceived as a largely conservative body that came from the same backgrounds as many conservative politicians and rarely challenged the government’s authority.

43
Q

Give two reasons the relationship between the Supreme Court and the Executive has changed.

A
  • Growth of Judicial Review since the 60’s
  • Rise of Liberal Ideology and ‘rights culture’
  • The appointment of a series of liberal senior judges in the 90’s
  • The Human Rights Act 1998 being passed
  • The Constitutional Reform Act 2005 being passed
44
Q

What is the natural conflict between Parliament and the Executive?

A
  • Parliament is sovereign
  • The Executive has an electoral mandate
45
Q

What are the three limitations on the power of the House of Lords?

A
  • The Parliament Act 1911: prevents the HOL from having control over financial measures and limited HOL delay to two years
  • The Parliament Act 1949: reduces delay to one year
  • The Salisbury Convention: the HOL cannot block any legislation contained in the winning party’s manifesto
46
Q

Name three ways that Parliament can hold the executive to account, giving examples for each.

A
  • Departmental Select Committees (2018 Home Affairs investigation into the Windrush Scandal)
  • Voting down of government bills (May’s 247 Brexit margin)
  • Votes of no confidence (Major’s government)
47
Q

Give four factors affecting where power would lie in Parliament, including examples.

A
  • Size of majority in Commons (Blair (97) Vs. May (minority))
  • Division (in cabinet or party) (Boris and Brexit Vs. Major and the EEC)
  • Strength of the opposition (Corbyn as opposition leader Vs. Blair as opposition leader)
  • Individual strength of the PM (Blair pre-Iraq Vs. May)
48
Q

Give three devices that give power over Parliament to the Executive, giving examples for each.

A

Patronage: the PM can reward loyal PMs who submit and punish those who attempt to scrutinise (Braveman being dropped once she became a liability)

Party Whips: control through allocation of tasks and resources (and narcs)

The National Platform: can use their large media presence to publicly pressure MPs or members of the opposition

49
Q

How did the removal of most hereditary peers strengthen Parliament?

A

It ensured that there was no overall party majority within the HOL, making them more willing to defy the executive and increasing the proportion of life peers, who are supposedly there for their expertise.

50
Q

How did the election of Select Committee members and chairs give Parliament more power?

A

The use of secret ballot has reduced party whips abilities to give the positions to pro-party MPs that will not seriously scrutinise the government. The higher salary also attracts a higher standard of MP who are incentives to take the role more seriously.

51
Q

How has Britain been a troubling member of the EEC/EU

A
  • Britain refused to join the original European Coal and Steel Community, viewing ourselves as independent
  • Conservatives joined the EEC due to a struggling British economy
  • Labour Government holds a referendum on whether to leave two years later
  • Britain refuses to join the Euro
  • Conservatives hold a referendum in 2016 on whether to leave due to the group’s shift from economic policy, to social
  • Britain becomes the first country to trigger Article 50 of the Lisbon Treaty to leave the EU.
52
Q

What was Labour’s original issue with the EEC?

A

They perceived it as a means for promoting capitalism at the expense of workers on a global scale.

53
Q

What was Conservatives issue with the EU?

A

Policy moved more towards the social: human rights, freedom of movement, etc. They believed this would threaten the UK’s independence.

54
Q

How has the EU succeeded in its political aims?

A
  • Spreading liberal democratic ideas: requirement of all members to adopt these ideas and the ECHR, especially after the fall of the USSR and the going of 10 members
  • Ensuring peace across the EU: no wars between members since creation
55
Q

How has the EU failed in its political aims?

A

Spreading Liberal democracy: member states (like Poland and Hungary) in recent years have adopted some less liberal policies (homophobic, controlling the judiciary, etc.)
Ensuring peace across the EU: they don’t have a formal military so have little power in stopping attacks other than through sanction (Russian invasion of Crimea in East Ukraine in 2014)

56
Q

How has the EU succeeded in its economic aims?

A

Use of the Euro has spread to most member states which has lead to easier trade, alongside freedom of movement which has assisted some economies.

57
Q

How has the EU failed in its economic aims?

A
  • Wealthier Northern-European nations complained about having to ‘bail out’ other countries after the 2008 recession.
  • Poorer countries, like Greece, have had to impose harsh austerity to stay within the Eurozone
  • Many countries feel that economic unity has come at the cost of nations’ independence.
58
Q

How has the EU succeeded in its Social aims?

A

The European Courts of Justice have played a key role in ensuring the rights of workers and other EU citizens; including maternity leave, prohibition of discrimination, and other services.

59
Q

How has the EU failed in its Social aims?

A

There is a large amount of disagreement within the EU about what constitutes ’equality’, some states are much more socially conservative than others and disagree over matters such as LGBTQ+ rights, racism, and gender rights.

60
Q

How many more jobs has the free market created across the EU?

A

Estimated 3-4 million

61
Q

Define ‘competencies’.

A

The legal authority to act in a given legal area

62
Q

What is the role of the European Commission of the EU?

A

Similar to the civil service (unelected), their role is to develop and propose policies.

63
Q

What is the role of the Council of Ministers of the EU?

A

A series of councils that each negotiate final legislation for a specific part of EU activities (like finance, economy, agriculture, etc.)

64
Q

What is the role of the European Council of the EU?

A

A biannual meeting of the heads of member states to ratify important decisions.

65
Q

What is the role of the European Parliament of the EU?

A

Act as scrutiny for the European Commission, comprised of those elected from political parties in each state.

66
Q

What is the role of the European Court of Justice of the EU?

A

Acts as a Supreme Court for the EU but its rulings are binding.

67
Q

What is the role of the European Court of Justice of the EU?

A

Acts as a Supreme Court for the EU but its rulings are binding.

68
Q

Summarise the Common Fisheries Policy and its effects.

A

Grants all members equal access to other members’ waters and sets quotas for the number of fish that can be caught.
- Believed Spanish and Portuguese fleets have caused a decline in British fishing industry
- Some fisherman have had to throw fish back into the sea to avoid exceeding quotas

69
Q

Summarise the Common Agricultural Policy and its effects.

A

A series of subsidies to buy surplus stock if prices fall below an agreed level, protects farmers from being undercut and losing their land.
- Takes up 38% of the budget, of which the UK is the 2nd largest contributor
- Worries about wasted food (the ‘Butter Mountain’)

70
Q

Summarise the ‘social chapter’ and its effects.

A

A series of policies relating to workers rights and ensuring quality of life across the EU
- legal maximum of weekly hours (48), holiday and sick pay, maternity leave, etc.
- Some argue it has made Britain less competitive in the international market, causing jobs to go to other parts of the world like China and India

71
Q

Summarise the EU’s Immigration Policy and its effects.

A

Largely refers to the ‘Free Movement of People’ and its implications on immigration around the EU. The UK tried to block Romanian and Bulgarian immigrants in 2007 but failed.
- It is believed that immigrants come to the UK to take advantage of our welfare system and give nothing back. This is wrong, immigrants are less likely to claim benefits and on average contribute more to the economy.

72
Q

What was the effect of Brexit on British Political parties?

A

Due to supporting ‘remain’, Cameron’s ministry was forced to resign as the leadership. Additionally, Corbyn’s response is arguably what led to the result of the 2019 general election.

73
Q

What is the societal impact of Brexit?

A

The referendum exposed wide divisions in society: rich and poor, young and old, North and South. Scotland had a 63% remain so there are new calls for independence.

74
Q

What is the constitutional impact of Brexit?

A

Parliament has regained complete sovereignty.

75
Q

How could you argue the Supreme Court is not independent?

A

The Lord Chancellor has final say over appointments so they are not completely independent.

Politics (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions