C2 - UK Government: Relations Between The Institutions

Question 1

What are the three branches of government?

Answer 1

• executive: takes and implements decisions and policies
• legislature: makes the laws
• judiciary: judges interpret the law through rulings made in court

Question 2

What is the history of the UKSC?

Answer 2

• it was opened on October 2009 in Middlesex Guildhall in parliament square
• created as a result of constitutional reform act 2005
• it was designed to end the fusion of powers between the judiciary and legislature at the highest level of court
• before the refom, the most senior judges - ‘law lords’ - were also members of the HOL
• hence, the reform was created for greater transparency by establishing that the court was independent or parliament

Question 3

What was the purpose of the constitution reform act of 2005?

Answer 3

• made the Supreme Court an independent body
• took away the responsibility of the lord chancellor - who now only supervises the legal system
• the lords is now chaired by the Lord speaker - who is chosen by their fellow peers
• judges are selected by an independent Judicial Appointment Committee

Question 4

What is the role of the Supreme Court?

Answer 4

• the Supreme Court is the only UK-wide court that acts as a final court of appeal for rulings made by the lower courts - as well as for criminal cases and civil cases in the UK
• they also hear appeals on arguable points of law where matters of wider public and constitutional importance are involved
• before brexit, they also has the responsibility to interpret law passed by the EU
• court makes rulings on cases where the devolved authorities may not have acted within their powers e.g July 2016 when the SC overruled Scottish govt scheme to introduce ‘named person service’ because it was in conflict with article 8 of the HRA - having to share personal info

Question 5

What is the structure of the Supreme Court?
How are judges appointed?

Answer 5

• the SC consists of 12 members, but cases are always heard by an odd number so a verdict can be reached e.g 11 judges were present in the 2016-17 high court ruling that parliament should initiate Brexit rather than the govt
• the most senior figure is designated as the president - held by lord neuberger and lady hale is the only female justice, which has been widely criticised : ‘pale, male and stale’
• they do not sit in the HOL until their term has ended
• nominated by a 5 person select committee
• the lord chancellor aka justice secretary either confirms or rejects
• appointment is then confirmed by the PM and monarch

Question 6

What are the two key principles of the UK judicial system?

Answer 6

• judicial neutrality
• judicial independence

Question 7

What is judicial neutrality?

Answer 7

• the expectation that judges will always exercise the law without personal bias - safeguarding of impartiality