Relations between Branches

What is the Supreme Court?

The highest court system in the UK.

What did the Constitutional Reform Act (2005) do?

It established the Supreme Court.

What is the role of the Supreme Court?

* Conducting judicial reviews
* Interpreting laws e.g. Human Rights Act
* Ensuring the application of the rule of law
* Hearing cases

Why is the judiciary independent?

* To act as a check on the government
* To prevent legal discrimination
* To ensure that no verdict is influenced by short-term electoral concerns
* To ensure that Judges are selected on a neutral basis

How is judicial independence maintained?

* Security of tenure
* The rule of sub judice
* Independent appointments
* Judicial pay

Why must judicial neutrality be maintained?

* Judges must consider all people equally, under the rule of law
* Judges are only meant to interpret the meaning of the law
* Neutrality is crucial to democracy
* Neutrality ensures independence from political influence

How is judicial neutrality maintained?

* Rulings have to be made on the basis of law
* Peer review
* Restrictions on group membership
* Training and experience

What is the relationship between the Supreme Court and Parliament?

* The Supreme Court has to enforce all the laws that Parliament passes
* Most of the Supreme Court’s power comes from the Human Rights Act
* Parliament remains sovereign

What is the relationship between the Supreme Court and the Executive?

* The judiciary acts as a counterbalance to executive power
* Providing the executive holds a majority, they can reverse any verdict found by the Supreme Court

Strengths of the Supreme Court

* Independence is guaranteed in law
* It can ignore executive actions if they go against the HRA or the rule of law
* It can affect the way that laws are implemented
* Since Brexit, its judgements can’t be overturned by a higher court

Weaknesses of the Supreme Court

* It can’t activate its own cases and has to wait for appeals
* All judgements can be overturned by Parliament as it is sovereign
* It has no power to enforce its rulings
* Because its powers come from statute law, they can be altered or removed by the executive
* The HRA is under threat of removal since Brexit

Why is there a natural conflict between Parliament and the executive?

* Parliament is sovereign
* The executive usually has an electoral mandate to carry out its manifesto promises

What controls are there on the executive?

* If the govt lacks a mandate for something, Commons can veto
* Parliament can amend legislation through both houses
* PMQs
* Parliament can call a vote of no confidence in the govt

What circumstances allow Parliament to effectively control the executive?

* If the govt has a minority or a small majority (e.g. May 2017 = alliance with DUP to pass legislation)
* If the governing party is divided
* If Cabinet is divided
* If the issues being addressed are controversial
* If the executive has failed to secure a mandate
* If the executive has a poor public image
* If Parliament is full of experienced/well-established MPs
* If the PM is seen as a liability by their own MPs

What circumstances give the executive power over Parliament?

* Having a secure majority (e.g. Bojo 2019 = 80 seat majority)
* Having a united party
* Having a clear mandate
* Having a united Cabinet
* Lots of uncontroversial issues
* A good public image of the executive

What were the aims of the EU?

* Promoting peace and EU values
* Establishing the single market
* Creating a monetary union (the euro)

What are the 4 freedoms of the single market?

1) Free movement of goods

2) Free movement of services

3) Free movement of people

4) Free movement of capital

What were the constitutional impacts of Brexit?

* Parliament regained all its sovereignty
* EU laws have no authority in the UK
* The UK is no longer subject to EU treaties

What were the political impacts of Brexit?

* Remainers were removed from govt in favour of MPs who supported a ‘hard brexit’
* Caused deep divides within all parties
* Increased calls for Scottish independence

Where does sovereignty lie?

With Parliament

When are the electorate sovereign?

* Elections
* Referendums

When is the executive sovereign?

* When it has a secure majority
* When it holds a strong electoral mandate

When are the judiciary sovereign?

When the HRA comes under threat.