4. Relationships Between Institutions

Question 1

What meant that the Judiciary became fully independent of the Government in the UK? How? - Relationships Between Institutions

Answer 1

The Constitutional Reform Act 2005 created a fully independent judiciary in the UK. This meant that the role of Lord Chancellor lost its judicial significance, while the Supreme Court was created to rule on the most important and controversial judicial cases.

Question 2

What examples are there of public enquiries held by judges? - Relationships Between Institutions

Answer 2

Leveson Enquiry: investigated the conduct of the media following the phone hacking scandal, leading to OFCOM.
Chilcot Report: investigated the conduct of Tony Blair in commissioning the Iraq War, as well as the UK’s role.
MacPherson Enquiry: investigates possibility of institutional racism within the Met Police following murder of Stephen Lawrence.

Question 3

When was the Supreme Court ESTABLISHED? When was it OPENED? - Relationships Between Institutions

Answer 3

The Supreme Court was established in 2005, later being opened in 2009.

Question 4

What noticeable example is there of a Declaration of Incompatibility being issued under the New Labour government? - Relationships Between Institutions

Answer 4

In 2004, the New Labour government decided to indefinitely hold foreign terror suspects in Belmarsh Prison without trial. The Act allowing them to do so was found to be in conflict with the ECHR, and as such it was amended to permit the government to use control orders.

Question 5

What was the disputed element in the Case of R v Gnango (2011)? What was the outcome? - Relationships Between Institutions

Answer 5

It was disputed as to whether a man who had been shooting at another person could be charged with murder of a passer-by when the other gunman had killed her. A case of joint enterprise, Gnango was eventually convicted of murder.

Question 6

What was the disputed element in the case of Abu Qatada v UK (2012)? What was the outcome? - Relationships Between Institutions

Answer 6

It was disputed as to whether Abu Qatada could be deported to Jordan to face criminal proceedings as there was a possibility of interrogation by torture which could result in his death. It was decided that any deportation would come in contravention to the ECHR and as such it would be delayed.

Question 7

What was the disputed element in the case of R v Hughes (2013)? What was the outcome? - Relationships Between Institutions

Answer 7

It was disputed as to whether an uninsured and unlicensed driver could be guilty of death by dangerous driving when involved in a fatal collision which the deceased driver was responsible for (under the influence of drugs). It was ruled that the defendant could be guilty of murder in accordance with the law even though the SC was unhappy with the statute leading to this decision.

Question 8

What 3 mechanisms are guarantees of judicial independence? - Relationships Between Institutions

Answer 8

Judges have security of tenure, security of pay and a non-partisan appointments process.

Question 9

What was the disputed element in the case of R Miller v Secretary of State for Exiting the EU (2017)? What was the result? - Relationships Between Institutions

Answer 9

It was disputed as to whether the Executive could trigger Article 50 of the Lisbon Treaty without any approval by Parliament. It was decided that the Executive had to seek Parliament’s permission in a major constitutional call, leading to the EU Notification of Withdrawal Act 2017.

Question 10

What is the significance of the Factortame Case? What principle did this assert? - Relationships Between Institutions

Answer 10

The Factortame case asserted that a Spanish fishing company, which had previously been prevented from fishing in UK waters by UK statute, was actually permitted to fish in the UK as a result of an EU statute. This asserted that EU Law was supreme over UK Law.

Question 11

What are the supposed constitutional impacts of Brexit? - Relationships Between Institutions

Answer 11

The UK’s exit from the EU means that pooled sovereignty at Brussels is returned to Westminster, that EU law is no longer part of UK law, that the UK is no longer subject to EU treaties and that the European Court of Justice no longer has jurisdiction in the UK.

Question 12

What are the supposed political impacts of Brexit? - Relationships Between Institutions

Answer 12

The Conservative Party (and now government) has become dominated by VoteLeave Conservatives, deep divisions were created on the basis of age, region and social group within the UK, issues were created around immigration, seen as a vote against the political establishment.

Question 13

What is the Social Chapter of the Maastricht Treaty? Why was the UK originally opted out from this by John Major? - Relationships Between Institutions

Answer 13

The Social Chapter of the Maastricht Treaty meant that workers were provided certain protections of rights in EU Law, yet John Major opted out from this in order to deregulate the UK labour market (right wing principles).

Question 14

Which PM eventually signed the UK up to the Social Chapter of the Maastricht Treaty? Why? (specific benefits) - Relationships Between Institutions

Answer 14

Tony Blair eventually signed the UK up to the Maastricht Treaty as he wished for workers to have better protection of rights, such as there being equal rights for part and full time workers, paid leave and the entitlement for paid annual holiday.

Question 15

Why were any further extensions to the EU’s role in social policy refused by the New Labour government and Blair? - Relationships Between Institutions

Answer 15

Blair wanted to maintain a partially flexible Labour market without excessive artificial restrictions on employers with regard to treatment of their workers. Blair did not want any further influence of the EU in this area of policy.

Question 16

Why do some political theorists nowadays argue that the idea of parliamentary sovereignty is an outdated concept? (3) - Relationships Between Institutions

Answer 16

Parliamentary sovereignty is now arguably outdated as the people are sovereign during referendums and elections, power is also devolved in a quasi-federal manner to other institutions and Government is effectively sovereign over Parliament as government will rarely lose votes on account of a heavily whipped majority.

Question 17

What evidence is there that sovereignty is being restored to Parliament in some areas? - Relationships Between Institutions

Answer 17

Parliament has regained the ability to sanction military action through convention rather than it be a prerogative power, the HoL is now more active to obstruct Executive actions.

Question 18

What evidence is there that Parliament is sovereign? - Relationships Between Institutions

Answer 18

Parliament can be seen as sovereign through the Miller case of 2017, the UK doesn’t need to conform to ECtHR rulings (citing parliamentary sovereignty), Parliament can reverse devolution, Parliament is theoretically omnicompetent.

Question 19

What evidence is there that Parliament is not sovereign? - Relationships Between Institutions

Answer 19

The Executive can dominate Parliament as long as it has a mandate and majority, it is unlikely that devolved powers will ever be restored to Westminster, Parliament’s hands were tied with the implementation of the Brexit result, the ECHR is increasingly entrenched in UK law and, as such, is binding on Parliament.

Question 20

How do the Parliament Acts of 1911/49 and the Salisbury Convention impact the relationship between Parliament and the executive? - Relationships Between Institutions

Answer 20

The 1911/49 Parliament Acts restricted the ability of the House of Lords in blocking legislation, eventually meaning they can only delay it for a maximum of 1 year (and not able to delay money bills). The Salisbury Convention means that the Lords cannot vote against manifesto commitments of governing parties.

Question 21

When have the Parliament Acts been used to strengthen the power of the Executive against the Legislature? - Relationships Between Institutions

Answer 21

The Parliament Acts were used by the New Labour government to ban fox hunting despite opposition in the Lords, as well as to lower the age of consent for gay sex to the same as it is for heterosexual sex.

Question 22

When has a clear government majority been used to assert the dominance of the Executive in Parliament? - Relationships Between Institutions

Answer 22

The Points Based Immigration system and the EU Future Relationship Bill were both passed by large Conservative majorities in 2020. The 1979-90 CON GOV and 1997-2005 LAB GOV are also examples.

Question 23

When has a Government lacked a clear Commons majority and, as such, struggled to legislate in a decisive manner? - Relationships Between Institutions

Answer 23

The 2010 Coalition government had no stable majority to pass bills desired by either side, meaning that legislation had to be passed on the basis of compromise. Furthermore, from 2017-19, the DUP were used as part of a confidence and supply arrangement with a weakened Conservative Party.

Question 24

When has patronage and the influence of party whips led to the Executive asserting their dominance over Parliament? - Relationships Between Institutions

Answer 24

The power of patronage and threats by Party Whips has been seen to allow the Executive to dominate Parliament when controversial policies such as the expanded provision of Free School Meals were voted down by the Conservative government in 2020. Tory MPs were also whipped to vote for Johnson’s Brexit deal.

Question 25

What examples are there of a united party behind a strong leader/ideology being able to dominate Parliament? - Relationships Between Institutions

Answer 25

Thatcherism within the Conservative Party of the 1980s, the Brown/Blair New Labour Years, post-war Labour welfare and current Euroscepticism have all seen domination of Parliament by united parties.

Question 26

When has the presence of a strong opposition party diminished the authority a Government has over Parliament? - Relationships Between Institutions

Answer 26

Following the 1992 General Election, the Major Government faced serious pressure from a united opposition under John Smith and then Tony Blair, with this exacerbated by internal disruption and divisions within his own party.

Question 27

What percentage of votes in the 2015 Parliament saw rebellions? What does this demonstrate? - Relationships Between Institutions

Answer 27

35% of votes in the 2015 Parliament saw rebellions by MPs. This demonstrates that the culture of backbench rebellions is still present.

Question 28

What percentage of select committee recommendations are accepted and implemented by government? - Relationships Between Institutions

Answer 28

40% of Select Committee recommendations are accepted and implemented by government.

Question 29

What arguments are there that Parliament is an effective check on government in terms of Select Committees? - Relationships Between Institutions

Answer 29

Select Committees produce 110 reports per year with 1,450 recommendations, while 40% of these recommendations are accepted and implemented. Furthermore, the backbench business committee has a degree of control over Parliamentary debate.

Question 30

How many government defeats by the Lords occurred in 2019/20? - Relationships Between Institutions

Answer 30

In 2019/20, 53 government defeats of the Lords occurred.

Question 31

What was the disputed element in R Miller v Prime Minister (2019)? What was the outcome? - Relationships Between Institutions

Answer 31

This ruling determined that a prorogation of Parliament was unlawful when called by Boris Johnson to prevent debate and discussion of Brexit arrangements prior to the UK’s scheduled department from the EU. This overturned Parliament’s prorogation and returned it to operation.

Question 32

What was the disputed element in Steinfeld and Keiden v SS for International Development? What was the political significance of this? - Relationships Between Institutions

Answer 32

Steinfeld and Keiden disputed whether it was acceptable for heterosexual couples to be allowed to have civil partnerships, initially intended for same-sex couples. This resulted in heterosexual couples being allowed to have civil partnerships, with the Court intervening on social rights and ruling previous legislation to be against the Human Rights Act.

Question 33

What was the disputed element of NHS Trust v Y (2018)? What was the political significance of this? - Relationships Between Institutions

Answer 33

NHS Trust v Y (2018) saw it debated whether it was mandatory for courts to be consulted when doctors and family members are in unanimous agreement over withdrawing life-support for patients. Ruled that this was not required, with the Court making ethical and medical rulings which had major implications for health policy.

Question 34

What was the disputed element of Pimlico Plumbers v Smith (2018)? What was the political significance of this? - Relationships Between Institutions

Answer 34

It was disputed whether an individual had who claimed to have been discriminated against and unfairly dismissed was a worker or self-employed as a contractor for a company. Eventually ruled that Smith was a worker and as such was entitled to employment rights, with the SC intervening in employment rights and defending citizens.

Question 35

What was the disputed element of Sutherland v HM’s Advocate? What was the political significance of this? - Relationships Between Institutions

Answer 35

Disputed as to whether evidence obtained by paedophile hunters was admissable in court when prosecuting alleged sex offenders. Ruled that, although could be against HRA, the HRA should primarily defend children from predators and therefore this evidence was admissable. A conflict of rights.