Edexcel Alevel Politics - Relationship Between the branches

What does UK government have?

Fusion of powers

What is meant by a 'fusion of powers'?

overlap between the branches - members of gov sit in one of houses and are held to account for their policies

What are the three branches of UK government?

- Legislature

- Executive

- Judiciary

What is the role of the judiciary?

- dispensing justice

- making law

- interpreting law

- establishing case law

- declaring common law

- judicial review

- public inquires

What is judicial precedent?

a legal principle made by a court for a specific case that is then applied to all subsequent cases. can only be overturned by a higher court

What is common law?

unwritten, judge-made law consisting of rules and principles developed through custom and precedent

Dispensing justice =

hearing criminal + civil cases/disputes

Making law =

some laws made by judges when they interpret the meaning of law. done through judicial precedent

Interpreting law =

when the meaning + application of law are nuclear - the role of judges to interpret it's true meaning

Establishing case law =

judges decide how law is applied in particular cases. once established other courts follow the same case law

Declaring common law =

judges sometimes declare what law should be as we commonly understand it

What is a public inquiry?

judges hold inquires into matters of major public concern + recommend action from there to government and parliament

When was the UK Supreme Court opened?

October 2009

How did the Supreme Court come about?

Constitutional Reform Act 2005

What was the Supreme Court designed to do?

end the fusion of powers at the highest level of UK judiciary

- prior most senior judges were members of the HoL

What did the Supreme Court reform aim for?

create greater transparency, bring UK in line with other western countries, making the highest court CLEARLY independent from parliament

How did the CRA reform the role of the Lord Chancellor?

used to have a role in all three branches of government, removed being the chairman in the HoL (now chosen Lord speaker by peers) and head of the judiciary (judges selected by independent JAC)

Why did the CRA reform the Lord Chancellor's role?

to reduce fusion of powers

What is the Supreme Court's role?

- only UK wide court

- acts as final court of appeal by rulings of the lower courts (Eng, Wal + NI for criminal, All for civil)

- appeals on arguable points of law considering wider public + constitutional importance

- rulings on devolved cases when authorities may not have acted within their powers

Example of Supreme Court case of a wider public matter

the court had responsibility to interpret EU laws

Example of Supreme Court case with powers of devolved bodies

- July 2016

- overruled Scottish gov.t scheme to introduce 'named person' service

- planned to appoint state guardians e.g. headteachers to be responsible for wellbeing of children

- ruled it as being in conflict with article 8 of the HRA as it allowed public bodies to share personal info without consent

- Scottish gov.t therefore had exceeded their powers

Example of Supreme Court case with a substantial outcome

2025 - the uk supreme court ruled that 'sex' under the equality act of 2010 should refer strictly to biological sex assigned at birth

How many members in the Supreme Court?

12 members - odd number of justices in cases for a clear verdict, usually use 5-9 depending on case importance

Example of Supreme Court case with lots of judges

2016-17 review of High Court ruling that parliament rather then gov.t should initiate UK exit from the EU - 11 judges

How many women on the Supreme Court?

Two -

The Times used 'pale, male and stale'

What is judicial neutrality?

expectation of judges exercising their functions without any personal bias - impartiality, code of conduct laid out by Supreme Court

What points from the Supreme Court insure judicial neutrality?

- conflicts of interest: judges cannot sit on a case with individuals they know

- public activities: judges cannot get involved in political activity that will compromise their neutrality

How neutral is the Supreme Court?

- narrowness of compositions (gender, socioeconomic background)

- contains disproportionate number of white, privately educated males

- no ethnic minorities

Example of a Supreme Court case where lack of diversity affected it

Radmacher v Granatino (2010) - involving pre-nuptial agreements. Lady Hale only one to dissent from majority verdict, as the majority of those losing out from the result would be women - she called for greater inclusivity in the court

4 key features of Supreme Court

- highest court in the UK

- totally independent of political pressure

- membership determined on the basis of legal experience + good judgement

- only UK parliament can overturn decision of the Supreme Court w/ new legislation or amending existing law

What is judicial independence?

judges should not be influenced by other branches of government particularly the executive

How is independence guaranteed in the judiciary?

TPA

What does TPA stand for?

- Terms of Employment

- Pay

- Appointment

What is meant by Terms of Employment?

Security of Tenure: judges wont be removed unless they break the law - until retirement age (75), immune from legal action arising from comments on a case

What is meant by Pay?

salaries come from independent budget 'consolidated fund'- removes possibility of manipulation by ministers

What is meant by Appointment?

JAC + Selection Committee for the Supreme Court were transparent + free from political intervention

The Supreme Court IS independent

- physically separate from parliament

- Judicial neutrality + independence

What is a declaration of incompatiability?

interpret the 1998 HRA, if it believes legislation is in conflict with the ECHR will issue a declaration of incompatibility

How is the power of the Supreme Court limited?

doctrine of parliamentary sovereignty means SC cant strike down laws if they dont align with the ECHR

What power does the Supreme Court have?

Judicial review

What is judicial review?

the power of the judiciary to review/reverse actions by other branches of gov.t that breach the law or are incompatible with the HRA

What is meant by 'ultra vires'?

'beyond the powers'

- an action taken without legal authority

- common subject of judicial review

- preventing public bodies acting unlawfully

How is judicial review used?

- court can inquire whether ministers have followed correct procedures in the way they implemented legislation

- can examine the actions of public bodies whether they acted 'ultra vires'

Supreme Court case study

- January 2017 = Brexit

- whether the government needed the authority of parliament to trigger the process of leaving the EU

How does the Supreme Court/Judiciary protect human rights?

- enforcing the ECHR

- enforcing the rule of law

- asserting common law rights

- enforcing freedom of information cases

What is elective dictatorship?

a government that dominates parliament usually due to a large majority and therefore has few limits on its power in office - Lord Hailsham

Example of elective dictatorship

in 2003 the Blair government (elected on 40% of the vote) attempted to abolish the post of lord chancellor + then carried out a drastic remodelling of the office in 2005 CRA

What has elective dictatorship arisen from?

- FPTP = single party government

- whips + patronage reinforce party loyalty

- government domination of legislative timetable

- salisbury + Parliament acts to limit opposition to governments programme from the HoL

Salisbury Convention

The House of Lords is unable to delay any manifesto legislation passed in the House of Commons.

Parliament Act of 1911

Legislation that deprived the House of Lords of veto power in all money matters. (realistically curtails the power of the House of Lords).

Parliament Act 1949

reduced the time peers could delay a bill from 2 years over three parliamentary sessions to one year over two parliamentary sessions

What is a parliamentary rebellion?

A division in which MPs vote against their party whip

What happens when a government fears defeat?

will withdraw a contentious measure

Example of government withdrawing a contentious measure

July 2015 - Cameron shelving plans for a vote relaxing the ban on hunting

What can opposition compel a PM to do?

allow a free vote

Example of a free vote

May 2015 - Cameron on the issue of same sex marriage knowing how strongly opposed Conservative MPs to the move. won due to Labour support

Example of party discipline ensuring a government wins a vote

December 2010 - coalition won to increase student tuition fees even though LidDems had to give up an election promise

Example of government relying on support from opposition MPs

March 2007 - Blair won vote of renewing Trident nuclear weapon system because Conservative support cancelled out a rebellion on his own side

What is Freedom of Information?

- a right

- established by Freedom of Information Act in 2000

- citizens + organisations to have access to official information held by public bodies

- only exceptions are information that might prejudice national security and private information held about other individuals.

Example of human rights case in Supreme Court 1

2017 - Brewster

- whether cohabiting couples have the same joint pensions rights as married couples

- Brewster won the case, establishing equal rights for cohabitants

Example of human rights case in Supreme Court 2

2015 Evans v Attorney General

- should Prince Charles' letters to governments on various issues be released + published

- outcome was no as the Freedom of Information Act is not applied to royal family

Example of human rights case in Supreme Court 3

2011 - Met Police

- whether the police can hold the DNA records of people who have not been convicted of a crime

- privacy under the European convention

- ruled it was a breach of privacy so thousands of DNA records had to be destroyed

Strengths/powers of Supreme Court

- independence of the court. guaranteed in law

- set aside executive actions that contradict the European Convention on Human Rights (ECHR) or the rule of law

- can interpret law and so affect the way it is implemented

- cannot overrule the sovereignty of Parliament but it can declare proposed legislation incompatible with the ECHR, which is influential.

- With the UK leaving the EU its judgments cannot be overturned by a higher court.

Weaknesses of the Supreme Court

- cannot activate its own cases but must wait for appeals to be lodged.

- sovereignty of Parliament means that its judgments can be overturned by parliamentary statute.

- European Court of Human Rights can hear appeals from the court and overturn the decision, but this is not binding.

Methods of the judiciary (inc. Supreme Court) to uphold neutrality + independence devoid of abuse of power

- courts enforce the European Convention on Human Rights when interpreting executive actions and in cases of judicial review.

- courts cannot set aside a piece of parliamentary legislation, but they can declare that a law is incompatible with the European Convention, which puts pressure on government to amend the law accordingly.

- courts impose common law, often when asserting the rights of citizens.

- courts impose the rule of law, ensuring that all citizens are treated equally. This usually occurs as a result of judicial review.

- In cases of ultra vires the courts decide whether a public body has exceeded its legal powers. This is also the case when judges rule that the government has exceeded its constitutional powers.

- Public inquiries by judges can be very persuasive in forcing government to take certain actions.

Judiciary conflict with government - Criminal Cases

- judges wish to have free hand determining sentences on a case by case basis

- government insists on minimum sentences for some crimes - possession of weapons

Judiciary conflict with government - Human Rights

- judges have duty to preserve human rights

- may hinder government attempts to maintain national security

- most notably over terrorism

Judiciary conflict with government - Freedom of Expression

- government seeks to control the spread of religious extremism - prosecute extreme preachers

- judges have a duty to preserve freedom of expression

Judiciary conflict with government - Freedom of Information

- government believes some information should be kept private in the national interest

- judges view appeals under the Freedom of Information Act

Judiciary conflict with government - Judicial Review

- judges become more open to appeals by citizens against public bodies acting against HRA

- government claims that too many judicial reviews inhibits ability to govern properly

- notably over fracking, new road systems etc

How has Parliament retained/exercises control?

- has the reserve power to dismiss a government in a vote of no confidence + veto government legislation.

- HoL can delay legislation for a year + amend legislation, though HoC can reverse decisions

- Commons can amend legislation.

- Small groups of dissident MPs on the government side can thwart government proposals.

- If government enjoys a small parliamentary majority or no majority at all - highly vulnerable to rebellions + obstruction.

- The departmental select committees increasingly effective calling government to account.

- Public Accounts Committee become highly influential.

- When government allows free vote, MPs/peers vote according to their beliefs rather than party allegiance. e.g. military intervention in Syria + several times on debating foxhunting.

- Ministers obliged to present themselves before Parliament regularly to account for their decisions and policies.

How does the executive control Parliament?

- elective dictatorship = government has so much power in relation to Parliament

- government usually enjoys support of majority of MPs in the HoC, expect to win virtually every critical vote.

- patronage of PM demands loyalty of most party's MPs.

- government controls legislative process - can block most amendments from HoC/L

- Collective responsibility = government presents united front to Parliament

Weaknesses of Parliament.

- HoL lacks democratic legitimacy

- HoL can delay but not veto legislation

- The Salisbury doctoring means Lord's cannot block legislation to which the government has an electoral mandate

Examples of growing influence of Parliament

- Since 2010 governments have lacked decisive parliamentary majority.

- Parliament achieved considerable influence over foreign + military policy- control over Syria policy

- Select committees = increasingly influential + greater backbench control. forced government to reconsider issues e.g. bank regulation, attacking tax avoidance + evasion + procurement of equipment for armed forces.

- Liaison Committee calls PM increasingly to account. more effective method than PMQs every week.

- no decisive majorities for government 2010-2017.

- HoL become more proactive + obstructive. true when opposition in HoC is weak, post 2015.

Executive retains power over parliament

- When government is fragile, supporters usually more disciplined to keep themselves in power.

- Governments usually enjoy HoC majority, after pause in 2010-15.

- government still relies on large payroll vote where all ministers >100, are bound by collective responsibility.

- Government still controls legislative programme + public bill committees proposing amendments.

- PM patronage creates loyalty among government's own MPs.

- Government still has huge advantage in resources (advice and research) over MPs

What are the 4 main features of the EU?

- Customs union

- FREE MARKET

- PARTIAL POLITICAL UNION

- MONETRAY UNION (some states).

Customs union =

- no tariffs on goods/services traded between member states

- cannot have separate trade agreements with countries outside the EU.

- ALL external trade agreements are common to all members.

Free market =

- no barriers to free movement of goods/services/finance/labour or people between member states.

- Citizens of member state = citizens of the EU

- can live wherever they wish

- enjoy common citizenship rights.

Partial political union =

- laws made by the institutions of EU.

- mostly relate to trade, consumer protection, development and agricultural subsidies, employment rights + production regulations.

- ensure all members compete on a level playing field using same laws.

- EU collects revenue from members + distributes in the form of development aid for agricultural + infrastructure development in poorer parts of the EU.

Monetary union (some states)

- same currency, the euro.

What are the 4 freedoms of the EU?

Free movement of:

- people

- labour

- capital (finance)

- goods and services

Main areas of EU policy under scrutiny after UK exit:

- employment rights - UK gov.t decide which to keep

- immigration

- Common Agricultural Policy

- Common Fisheries Policy

What is common fisheries policy?

- regulations ensuring each country has fair share of fishing grounds + can protect fish stocks against over fishing

What are the constitutional impacts of the UK leaving the EU?

- UK regains all national legal sovereignty

- European Court of Justice will have NO jurisdiction in the UK + ceases to be the highest court of appeal on EU matters

- conflict over who should approve future agreements w/ EU (Parliament, elec ted gov.t, people via referendum)

- Scotland? should devolved gov.t have different agreement w/ EU?

- NI, closed border cause problems over sovereignty on the island

What is the political impact of the UK leaving the EU?

- whether UK remains within European single market

- whether should be free movement of labour into + our of the UK (within + between parties)

- immigration

What is meant by legal sovereignty?

The legal right to exercise sovereignty - i.e. sovereignty in theory.

What is meant by political sovereignty?

Where power lies in reality, may move according to circumstances. Not entrenched but hard to shift

Location of sovereignty in the UK

- legal lies w/ UK Parliament

- When member of EU, some legal delegated

- parliamentary was NEVER lost permanently because UK had option to leave EU and restore

- Political shifted to devolved administrations

- Some of executive's political shifted to UK Parliament - foreign interventions + negotiation of foreign treaties

- increasing use of referendums transferred political sovereignty to the people

- HRA shifted rights from UK Parliament to Supreme Court

Location of POLITICAL sovreignty

- referendum, lies w/ the people

- at GE people are sovereign, determine who excursuses power (could argue elective dictatorship)

- issues part of gov.t electoral mandate the gov.t sovereign has popular consent

- devolved issues - sovereign as wont be overruled by UK Parliament

- when implementing ECHR, Supreme Court becomes sovereign

What is it been claimed that the house of commons is ineffective in doing?

Is ineffective in holding the government accountable

- in 1976 Lord Hailsham a leading conservative politicain and lawyer claimed that the executive had so much power it could be considered an elected dictatiorship

What do governments always have?

- Public Bill committees always have a government majority and are whipped its unusual for the opposition to be able to significantally challenge legislation at the committee stage

What does the prime minister possess?

The prime minister possesses extensive powers of patronage

- government can offer ambitious backbenchers opportunities to join the government or withold any chance of advancement

What does the royal perogative mean?

The government legally dont have to consult parliament on decisions and the executive isnt static

- 2018 when Theresa May diddnt seek parliamentary approval for air strikes on Syrian Chemical Installations

Example of weak Parliamentary influence in the House of Commons?

1979-87 Margret thatchers determined leadership of the Conservative Party contrasted with divisions within Labour

Labour ended up fracturing forming the Social democratic party meaning the conservatives were facing a split opposition. + winning the falklands war - majority of 144

Second example of weak commons Influence?

In 1997 Tony Blair won a landslide and a majority of 179 seats.

The conservatives only had 165 MPs - The conservatives ability to further undermine Labour was weakened by divisions over the EU and ineffective leadership.

1st Example of strong Commons influence? (Borris Johnson)

When Borris Johnson became prime minister in 2019 he faced an even more uncooperative House of commons than Thereasa May

- Unpopular Brexit Proposals

- Commons seized control and enacted the Benn Bill extending the Brexit deadline if a new deal was not achieved.

2nd Example of Strong Commons Influence. (Theresa may)

Theresa may called a snap general election in order to attempt to win a larger majority. Conservatives lost seats and she became prime minister of a minority administation

- had to pass a Brexit agreement without a conservative Majority

- Form a confidence and supply agreement with the Democratic Union

- Major Commons defeat at the hands of Labour in 2019

Despite Margret Thatcher having a Majority in the commons what happened?

Despite Margret Thatcher having a majority in the commons a, 144 seat majority, the thatcher government was defeated in the second reading of the Shops Bill. (would have allowed shops to open on sundays)

What forced Borris to take on Labour support?

99 conservative MPs voted against Covid passes, forcing Borris Johnson to rely on Labour Support for the bill to pass in the house of commons.

What have recent house of commons speakers done?

Authorised more urgent questions - making ministers more accountable

1991 - 2009 - 0.1 Urgent questions per day

2017 - 2019 - 0.88 urgent questions per day