Relations between institutions flashcards

What is the key idea behind ‘Fusion of powers’?

The idea that the executive lies within the legislature. He judiciary also formerly laid within the legislature before the setup of the Supreme Court in 2009.

What changes about the judiciary in the constitutional reform act 2005?

Lord chancellor removed from being head of judiciary - became Justice sec (currently Shabana Mahmoud)

New Supreme Court est. 2009

What is the role of the Supreme Court?

Higher court of appeal in the UK, vote on whether to accept or dismiss an appeal

In what ways is the Supreme Court independent and neutral?

Security of tenure - judges cannot be removed unless they break the law or age over 70

Immune from legal action regarding comments on cases

Salaries are paid automatically from a consolidated fund

Select commission is transparent when selecting judges

SC is physically separate from parliament and sometimes rule against it - 2019 prerogative, 2017 miller case

In what ways is the Supreme Court not independent and neutral?

Narrowness in terms of diversity - 1 woman, all white, all but 2 Oxbridge educated

What is judicial review?

A recess where judges decide if public bodies have acted unlawfully. They can declare that the government has acted ‘ultra vires’, beyond their powers

What are some issues with judicial review?

Unelected judges make decisions on elected bodies

Only 1/3 of actions reach the final hearing

Very few cases succeed

Enormous cost

Judges wiling to intervene in public policy

In what ways is Parliament good at challenging the executive?

Legislation - backbench rebellions can challenge the government

Scrutiny - PMQs, select committees, Debates

Ability to remove ministers - Parliament can force vote of no confidence

In which ways is parliament bad at challenging he executive?

Elective dictatorship - one extra seat gives the government way more power to make policy

Legislation - whips force MPs to vote along party lines, Salisbury convention limitsHoL opposition

Scrutiny - rarely leads to policy changes

What are the 4 freedoms of the EU?

Free movement of goods, services, people and capital throughout the single market

What was the main objective when setting up the EU?

An even closer Union and Europe

What is pooled soverignty?

States agree to collectively cede aspects of sovereignty to make collective decisions

What is intergovernmentalism?

What is a supernational organisation?

What are the 5 purposes of the EU?

How does the EU fulfill its purpose of promoting peace?

How does the EU fulfill its purpose of economic interegration?

How does the EU fulfill its purpose of social policy?

How does the EU fulfil its purpose of political union?

How does the EU fulfill its purpose of expansion?

What are the main institutes of the EU

What does the European Commission do?

What does he European council do?

What does the council of the EU do?

What does the European Parliament do?

What does the European court of justice do?

Whats the difference between EU legislation and directives?

What is legal soverignty?

What is popular soverignty?

What is political soverignty?

What are the 4 factors affecting UK soverignty?