Relationship between the Branches - UK Government

Supreme Court

The highest court in the UK political system

Judicial Neutrality

Judges should remain politically impartial

Judicial Independence

Judges should be free from executive influence

Judicial Review

Courts review whether government actions are lawful

Ultra Vires

Action taken beyond legal authority

Examples of Judicial Review

Miller I and Miller II limited executive actions

Relationship Between Judiciary and Executive

The judiciary checks executive power through legal rulings

Relationship Between Parliament and Executive

The executive often dominates Parliament through party majorities

Arguments Executive Dominance Has Increased

Large majorities, delegated legislation and strong PMs

Arguments Executive Dominance Is Limited

Judicial review, parliamentary rebellions and committee scrutiny

European Union

Four freedoms allowed free movement of goods, capital, services and people

Four Freedoms

Free movement of goods, services, capital and people within the EU

Arguments EU Reduced Sovereignty

EU law had supremacy over UK law in many areas before Brexit

Arguments Brexit Restored Sovereignty

Parliament regained formal law-making authority after leaving the EU

Arguments Brexit Did Not Fully Restore Sovereignty

Trade agreements and international obligations still constrain decisions

Legal Sovereignty

The theoretical legal right to exercise sovereignty

Political Sovereignty

Where power practically lies in reality

Where Sovereignty Lies in the UK

Legally Parliament is sovereign but politically power is shared with courts, devolved bodies and public opinion

Prorogation Definition

Suspension of Parliament by the government

Johnson Prorogation 2019

Supreme Court ruled prorogation unlawful because it limited parliamentary scrutiny

Strong Government Argument

FPTP often produces decisive governments able to implement manifestos efficiently

Elective Dictatorship Criticism

Large majorities can allow governments to bypass scrutiny and dominate Parliament

Checks and Balances

The judiciary, Lords, committees and opposition constrain executive power

What is the separation of powers?

The principle that legislative, executive and judicial powers should be separated to prevent abuse of power.

Why is separation of powers weak in the UK?

The executive is drawn from Parliament and often dominates the legislature.

What is judicial review?

The process by which courts review whether government actions are lawful.

What does ultra vires mean?

Beyond legal authority.

What is judicial independence?

The principle that judges should be free from political interference.

What is judicial neutrality?

The principle that judges should not allow personal political views to affect decisions.

What did the Constitutional Reform Act 2005 do?

Created the Supreme Court and strengthened judicial independence.

When was the Supreme Court established?

2009.

What happened in Miller I (2017)?

The Supreme Court ruled Parliament must authorise triggering Article 50.

What happened in Miller II (2019)?

The Supreme Court ruled Johnson's prorogation of Parliament unlawful.

What is elective dictatorship?

A government with a large majority that faces few effective constraints.

How does FPTP contribute to elective dictatorship?

It often produces large parliamentary majorities from relatively modest vote shares.

What is legal sovereignty?

The authority to make legally binding decisions.

What is political sovereignty?

The ability to influence decisions in practice.

How did EU membership affect parliamentary sovereignty?

EU law took precedence in some areas and limited parliamentary autonomy.

What are the four freedoms of the EU single market?

Free movement of goods, services, capital and people.

How did Brexit affect parliamentary sovereignty?

It restored formal legal sovereignty by removing the supremacy of EU law.

What is parliamentary scrutiny?

The process by which Parliament examines and challenges government actions.

Why is Parliament sometimes ineffective at scrutinising government?

Large majorities and party discipline can strengthen executive dominance.