Relations Between the Branches + the EU

Composition of the Supreme Court

• 12 justices recommended by the Judicial Appointments Commission and appointed by the Lord Chancellor

Benefits of select committees

• closely scrutinize individual government departments

• Publish reports on issues giving the government 60 days to respond

Aim of the EU

An economic and political union of countries in Europe which is based on free movement of goods, people, capital and services, it aims to integrate its member states using the four freedoms

Four freedoms of the EU

1. Social Policy → The Social Chapter 1992 to protect workers rights as an example

2. Social chapter → 30 principles such as working hours to protect people, Tony Blair signed the UK up to this in 1997

3. Charter of fundamental rights → things like right to life, private and family life, right to vote and right to fair trial

4. Political and economic union → introducing the Euro and reducing the veto powers of national governments

How is the EU involved in policy making?

• treaties

• Directives

• Regulations

• Rulings of the European court of justice

Ways of policy in the EU

1. Treaties → binding agreements between member states

2. Directives → set out goals which all EU member states much achieve e.g Industrial Emissions Directive → reduce industrial emissions from 2013

3. Common fisheries policy → outlines rules for managing stocks of fish and fishing fleets in Europe, which in the Uk was seen as unfair for fishermen in certain areas who had their quotas bought up by fishermen from other countries

4. The social chapter → promotes workers rights, can be argued to go against the sovereignty of the UK but introducing laws that UK businesses had to follow

What do the four freedoms of the EU relate to?

• freedom to provide and establish services

• Freedom of goods

• Freedom of capital

• Freedom of workers

Criticisms of select committees

• ministers can be y helpful in providing evidence when questioned so their scrutiny is ineffective

• In 2016 Boris a Johnson was as accused of “waffling” by the committee chair of the foreign affairs select committee during questioning

Voting and backbench rebellions

Backbenchers in the commons and lords can control the executive by voting against give enemy backed bills

In the commons, backbenchers rebellions can take place where MPs of the party in government can vote against their own party’s legislation

Can be limited if there’s a big majority, can be difficult if three-line whips are in place

Votes of confidence

• A vote of no confidence motion can be put down by the opposition party where MPs vote on whether they have confidence in the government

• The prime minister can put one down in their government in an attempt to restore authority in parliament if their own MPs vote against the government in a key issue

How has a balance of power occurred in Parliament and the executive?

• Select Committees → the Wright Committee in 2009 gave select committees more power, scheduled debates in the commons too

• Military action → government has increasingly consulted parliament over military action.

• House of Lords voting → House of Lords have often delayed bills

• Government dominance → the government that’s rarely defeated parliamentary votes and often passes its legislation. Into law because of its majority in parliament and use of party whips

Basis of powers for the Supreme Court

• final court of appeal

• Uses the human rights act 1998 to protect UK citizens rights

• The ECHR is a council of Europe treaty

Powers of the Supreme Court

• interprets parliaments laws but cannot overrule acts of parliament

• Rules on whether the actions of ministers are acceptable / potentially ruling things as unlawful

Judicial independence

• the principle that judges are free from political pressure because they are independent of the executive and legislature

• Judges are able to make rulings without external pressures

• Members of parliament and the government are not allowed to comment on court cases to prevent political influence

Judicial neutrality

• the principle that judges are politically neutral and do not get involved in any form of party politics

2012 Zimbabwe case

The Supreme Court ruled in highly political cases including in 2012 when it allowed four Zimbabwean refugees to remain in the UK that the government wanted to be deported

Supreme Court judges → neutral

Act as neutral and do not engage in any political activity and publicly express their political views

Judicial review