Relations between the branches examples

examples of developments of the supreme court

• before 2005, it was comprised of law lords, who were in house of lords

• 2005 constitutional reform act - judiciary has since been fully independent of the govt - set up supreme court

• supreme court opened in 2009

example of shamima begum case

• home department revoked her passport therefore without citizenship

• shamima begum ran away to syria at 15 years old in 2015 to join isis but was groomed and radicalised by group

• born and raised in britain but her citizenship was taken away from her since her running away to syria

• supreme court ruled she could not return

examples of supreme court becoming increasingly influential over other branches

• concept of ultra vires - “beyond the power” - supreme court able to limit government as can say they have gone ”beyond their power” - however, supreme court cannot do the same to parliament due to parliamentary sovereignty

• 2015 - idea of supreme court being too powerful - becoming “unacknowledged legislators of mankind” and “undermining the rights of our politicians” according to the telegraph

• 2019 - same idea

• supreme court can challenge statute law by declaring them incompatible with human rights act (1998)

• governments have been criticised for seemingly politicising judiciary - eg. after second miller judgement, johnson accused judged of pronouncing on “political questions and hinted at introducing a system of us-style political appointments to provide “some form of accountability”

• nov 2022 - court made key ruling in ongoing dispute over scottish independence - clash centred on uk’s govt’s insistence that matters affecting union are reserved to uk’s govts defying scotttish first minister nicola sturgeon who claimed snp’s parlimentary majority gave her govt mandate to call second independence referendum, however court ruled referendum on scottish independence can’t take place without westminster’s agreement

examples of the supreme court becoming more politicised

lady hale about politicisation *

• “in any event parliament always has the last word”

• “we don’t decide political questions, we decide legal questions”

bedroom tax judgement

• reading out judgement, hale said: “the human rights act is an act of the united kingdom parliament and takes precedence over subordinate legislation such as the regulation in question…this means that incompatible subordinate legislation must simply be ignored” * - says that human rights act is upheld by govt and seen as above and higher priority over other law

belmarsh case *

• blair used powers given in 2001 anti-terrorism crime and security act to hold foreign suspects indefinitely without a trial

• law lords rule this was discriminatory using echr

• govt released prisoners

• but then pushed through prevention of terrorism act 2005 to monitor whereabouts of these and other foreign terrorist suspects

one of last law lords ruling on deportation of abu qatada

• lord hope expressed role of neutrality: “no one, however dangerous, however disgusting, however despicable, is excluded. those who have no respect for the rule of law - even those who would seek to destroy it - are in the same position as everyone else”

• had been sent to life in jordan for terrorist activities

• uk govt wanted to deport him - but concern that jordan govt would use torture methods

• law lords ruled he could be deported

• echr said couldn’t unless there were written assurances from jordan that he wouldn’t be tortured

• theresa may as home secretary managed to get written assurance and he was deported in july 2013

rwanda scheme declared unlawful 15 nov 2023

• govt policy judged on by supreme court not legislation

• supreme court ruled rwanda was unsafe place to send asylum seekers

• supreme court upheld court of appeal decision

• unanimous court decision

• concerns about rwanda being unsafe and that rwanda may send back immigrants to their countries - therefore scheme deemed unlawful

• in response to this parliament passed safety of rwanda act

• legislation not taken to supreme court

• parliament deemed rwanda as safe place to send asylum seekers

decision on definition of a woman

• 2025 - uk supreme court ruled scottish govt’s revised guidance on gender representation on public boards (scotland) act (2018) as unlawful, as it reinterpreted the meaning of “sex” in equality act (2010)

• court concluded “sex” refers to “biological sex” not “certificated sex”

• although equality act doesn’t define the word “sex”, supreme court argued a “biological” meaning was implied - justices cited a number of provisions where they argued a “certificated sex” interpretation would lead to practical and legal issues that parliament was unlikely to have intended on grounds of: pregnancy and maternity protections, competitive sport, sexual orientation protections

enemies of the people 4 nov 2016

• 3 high court judges ruled only parliament could trigger article 50 to leave the eu

• appealed to supreme court in jan 2017 but they upheld high court ruling and dismissed appeal

• lord neuberger summarised this decision being because “the government cannot trigger article 50 without an act of parliament”

• first of 2 gina miller brexit cases

boris johnson’s unlawful suspension of parliament 24 sep 2019

• boris johnson vowed uk would leabe eu on brexit deadline on 31 oct even if no deal with eu about how it will work

• but many lawmakers thought a no-deal brexit must be stopped at all costs

• 28 aug johnson announced parliament would be suspended until mid-oct, with huge row erupting

• johnson said he was following normal procedure for a new leader

• rivals claimed he was trying to stop parliament from opposing him

• supreme court decided he acted illegally - a ruling challenging britain’s unwritten constitution and balance of power

rwanda policy

• 15 nov 2023 - supreme court unanimously ruled uk’s govt “rwanda policy” is unlawful

• scheme would have seen some people, with asylum applications deemed “inadmissable” under uk immigration rules, flown to rwanda to have their asylum claims processed there instead

• in response to decision, govt seeked to pass new legislation asserting that rwanda is a safe country, and to agree new treaty with rwanda to provide additional protections supreme court said policy currently lacks

• supreme court’s ruling has raised arguments in discussing if they have too much power: some critics think it is problematic that unelected judges and unaccountable experts have been able to prevent democratically elected ministers from carrying out popular policy, but supporters argue supreme court was only upholding laws passed

examples of supreme court reforms and review

lord reed - became supreme court president in jan 2020

• was seen as leading a more cautious approach

scrutiny of supreme court

• july 2020 - inquiry into judicial review set up by lord faulks

• led to 2022 judicial review and courts act

• led to all-party parliamentary group on democracy and constitution published: “an independent judiciary - challenges since 2016”

2022 judicial review and courts act *

• built on inquiry report

• aimed to create balance between powers of govt, parliament and law courts

• 2 key changes around judicial review: regarding quashing powers (whereby a lower court decision is ruled invalid) with judges being able to delay an order so that a public body has time to make changes, and removal of “cart judicial practices” which had allowed a re-examination of decisions made by upper tribunals (to reduce court time)

• tried to address views of politicisation and made some small changes

all-party parliamentary group on democracy and constitution

made 4 key findings:

• ministers who have publicly attacked judges by misrepresenting judicial decisions or threatened political reforms of justice system have “failed to act in a constitutionally proper or helpful manner”

• constitution of safeguards which should protect judiciary’s independence from pressure by executive have been eroded - in particular offices of lord chancellor and attorney general have been politicised

• vast majority of judges express serious concern about current state of affairs - 94% “concerned” or “extremely concerned” about govt’s conduct towards judiciary

• govt’s conduct and recent (alleged) “pro-executive” turn in supreme court decisions, may create impression that supreme court has been influenced by govt pressure

examples of executive control over parliament

• with a majority, a govt can expect to win every vote

• pm can control party through patronage and whips

• govt controls timetable of parliament

• collective responsibility means govt presents united front

• house of lords lacks legitimacy, cannot veto legislation and is restricted by salisbury convention

• govt supported by large number of civil servants and and advisers, other mps don’t have this support

• questions over “elective dictatorship” - term used first by lord hailsham in 1976

examples of legislative checks over the executive

• backbench rebellions can occur and can be very powerful

• brexit was very difficult to get passed due to strong divisions within conservative parties

• committees can play crucial role in scrutiny of executive

• house of lords can apply important amendments to and delay legislation

• backbench business committee increased backbench influence

• vote of no confidence

• can defeat government legislation and amend legislation

• governments with small or no majority are vulnerable

• free votes

• pmqs and ministerial question time

johnson brought down by parliamentary privileges committee *

• parliamentary privileges committee investigated johnson’s comments in parliament over “partygate” and determined he had misled house of commons and would be sanctioned

• parliamentary committee critiqued executive amd led to his resignation

mps rejected possible uk military action against syrian president bashar al-assad govt to deter use of chemical weapons 2013 david cameron

multiple backbench rebellions highlight labour’s standpoint on the fragility of rishi sunak’s position as pm 2022

rishi sunak faced major backbench rebellion over govt’s plans to prevent harmful material on internet with online safety bill 2023

house of lords agreed to govt concession on common frameworks process in uk internal markets bill

• bill returned from house of commons with previous lords amendments rejected but with new set of changes proposed by govt in their place which members agreed to in 2020

mps backed proposals to enforce buffer zones around abortion clinics in england and wales 2022

• under proposed law, harassing, obstructing or interfering with any woman attending abortion clinic would become criminal offence

• parliament voted by 297 to 110 in favour of amendment, with mps being given free vote

impact of nhs test and trace unclear - despite govt setting aside £37 billion for it over 2 years due to the public accounts committee 2021 *

• public accounts committee said it was set up on basis it would help prevent future lockdowns - but since its creation there have been 2 more

• it said the spending was “unimaginable” and warned taxpayer could not be treated like an “atm machine”

after months of deliberation and scrutiny, mps voted to legalise assisted dying in england and wales after final debate on charge of law backed by 314 votes to 291 in 2025

• mps were given a free vote on the issue

keir starmer faced a major rebellion over his govt’s plans to cut winter fuel payments to 10 million pensioners 2024

• only 1 labour mp voted against the cut, but 53 abstained

keir starmer faced backbench rebellions by labour mps over govt’s decision to cut international development budget by almost ½ to pay for increase in defence spending 2025

• eg. annaliese dodds who just resigned as international development minister

hereditary peers bill only passed through house of lords when govt promised to give some of the hereditary peers life peerages - showing effective resistance from lords

house of lords were highly proactive in opposing eu withdrawal bills introduced by theresa may and boris johnson governments

examples of how the uk govt is an “elected dictatorship”

• govt exerts great deal of control over parliamentary business - limits opportunities for opposition to debate govt legislation

• since public bill committees always have govt majority and whipped, unusual for opposition to be able to signficantly amend legislation at committee stage

• govt with large parliamentary majority should be able to rely on mps’ support to pass legislative programme it wishes

• govt can change law using secondary legislation over which house of commons has much less power of scrutiny

• pm possesses extensive powers of patronage - govt whips can offer ambitious backbenchers opportunities to join govt or withold chance of advancement - powerful way govt encourages loyalty

• royal prerogative means pm doesn’t legally have to consult parliament on use of british military forces

• according to salisbury convention, house of lords should not attempt to stop govt legislation that was in winning party’s manifesto, since would obstruct what public voted for

examples of weak parliamentary influence in the house of commons

• 1979-87 - thatcher’s conservative leadership contrasted with labour’s divisions, which led to party fracturing and foundation of social democratic party in 1981 - meant conservatives faced split opposition leading to thatcher’s increase in parliamentary majority to 144 in 1983

• 1997-2001 - 1997 tony blair had majority of 179 seats with united party around his third way political philosophy and conservatives only having 165 mps

examples of strong parliamentary influence in the house of commons

• 1974-9 - although labour leader wilson won 74 election only had parliamentary majority of 3, and when callaghan became labour leader in 76 majority disappeared and had to establish confidence-and-supply agreement with liberal party 77-8

• 2017-9 - 2017 may’s snap election hopes to win larger majority were lost with the conservatives losing seats and becoming a minority govt, forced to establish a confidence-and-supply agreement with the democratic unionist party making it hard to pass brexit legislation without conservative majority

• 2019 - johnson faced very uncooperative house of commons after becoming pm, with unpopular brexit proposals

examples of parliament’s increased ability to control government in recent years

• eg. although pmqs provides opportunity for regular scrutiny of pm, critics claim its focus less in constructive debate rather than trading and counter claims

• 2010 backbench business committee established, first time backbenchers allowed to determine issues they wish to debate for 35 days each parliament

• since 2010 chairs of select committees have been elected by secret ballot of all mps and membership of select committees by secret ballot within each party, previously selected by whips

• liaison committee consists of heads of all select committees and regularly questions pm - puts pm under more sustained objective scrutiny

• electronic petitions can be sent directly to parliament and house of commons petitions committee then decides when and where those eligible would be heard

• recent house of commons speakers have authorised more urgent questions making ministers more accountable to house of commons

• fixed-term parliaments act 2011 stopped pm requesting dissolution of parliament and general election at convenience

• since 2003 when blair allowed parliamentary vote on justification for war in iraq, expectation that parliament should authorise military action

• fixed-term parliaments act 2011 still allowed pm to call general election

examples of where sovereignty lies within the echr

european convention of human rights

• international treaty signed by 46 countries primarily in europe

• to protect human rights and freedom of citizens in europe

• came into force on 3 sep 1953

• first fundamental time human rights protected by law

leader of the opposition kemi badenoch wants to leave the echr

• to restore control of borders

• wants to take back control over courts

• “parliament not foreign courts decides who comes here”