Institutions

Parliament

Supreme legislative body of the UK that can make or unmake any law

Composition of Parliament

King-in-Parliament + House of Commons + House of Lords

Sovereign (legislative role)

Gives Royal Assent; symbolic role in law-making

House of Commons

Elected chamber of 650 MPs; primary democratic authority

House of Lords

Unelected chamber of life peers, hereditary peers and bishops

Commons vs Lords

Commons is dominant due to democratic legitimacy

Functions of Parliament

Debate, scrutinise, amend legislation and hold executive accountable

Financial powers

Commons has exclusive control over taxation and public expenditure

Role of Lords in finance

Can consider but not block or amend financial legislation

Role of Lords in legislation

Scrutinises and suggests amendments to Bills

Government defeats in Lords

Usually lead to amendments, not rejection of Bills

Check on government

Lords acts as revising chamber limiting executive power

Royal Assent

Final step for Bills to become Acts of Parliament

Constitutional Reform Act 2005 (CRA)

Reformed separation of powers and judiciary independence

Pre-CRA position

House of Lords had judicial function (Law Lords)

Lord Chancellor (pre-CRA)

Mixed roles in executive, judiciary and legislature

CRA reform of Lord Chancellor

Removed judicial role; now government minister only

Creation of Supreme Court

Established in 2009 as highest appeal court

Purpose of CRA

Strengthen separation of powers

Executive

Body that formulates and implements government policy

Structure of Executive

Monarch (symbolic) + PM + Cabinet + government departments

Prime Minister

Head of government

Cabinet

Senior ministers (Secretaries of State) running departments

Government departments

Administer policy through civil servants

Sources of executive power

Statute + common law + royal prerogative

Royal prerogative

Historic powers exercised by ministers in name of monarch

Secondary legislation

Created by executive under authority of Parliament

Delegation of power

Ministers can delegate powers to civil servants

Reason for delegation

Administrative efficiency in modern government

Legal position on delegation

Permitted but minister remains politically responsible

Limits on delegation

Can be challenged if delegated to inappropriate level

Limits on executive power

Must act within authority given by law

Ultra vires

Acting beyond legal powers is unlawful

Judicial review

Mechanism to challenge unlawful executive action

Local government

Part of wider executive (e.g. councils)

Role of local authorities

Implement central policy + local decision-making

Examples

Council tax, housing, highways

Control of local government

Regulated by statute and subject to judicial review

Judiciary

Body that interprets and applies law and resolves disputes

Functions of judiciary

Resolve disputes, determine criminal liability, review executive action

Administrative Court

Hears judicial review claims

Appeals structure

Administrative Court → Court of Appeal → Supreme Court

Judicial review

Process to challenge legality of government decisions

Judicial independence (CRA 2005)

Strengthened separation from executive and legislature

Judicial Appointments Commission

Independent body appointing judges

Pre-CRA appointments

Judges appointed by monarch on advice of Lord Chancellor

Lord Chief Justice

Head of judiciary after CRA reforms

Supreme Court

Highest court and final court of appeal in UK

Judiciary as guardian of constitution

Protects rule of law and limits government power

Lady Hale view

Supreme Court acts as constitutional guardian

Reasons judiciary is constitutional guardian

-Devolved legislation review (Scotland, Wales, NI),-Ensures government acts within legal limits,-Protects fundamental rights of individuals

Role of courts

Interpret legislation, apply case law and restrain unlawful executive action

Key principle

No special constitutional court; ordinary courts decide constitutional issues