3.4 - Relationships between institutions Flashcards
(33 cards)
What is the composition and history of the Supreme Court
The supreme court was opened on the 1st of October 2009 and established by the conditional reform act of 2005. Before the law lords sat as lords and were the highest court of appeal. IT was created to get greater transparency and establish independence of the courts,
It also changed the role of the Lord chancellor- they used used to haver three historic functions:
- Cabinet minister who supervised legal system
- Chairman of the sitting of the lords
_ head of judiciary, who appointed other judges
- It combined the roles of the executive, legislative and judiciary. The last two have bene removed, the lord speaker heads the former and the judicial appointments commission the latter.
What is the role of the Supreme Court
The UK does not have a single unified legal system- there are different systems. The supreme court is UK wide and acts as the final court of appeal for rulings made by lower courts.
IT is the final body for criminal cases in England and Wales and NI and for civil cases for all.
The hears appeals on points of laws on matters of the wider public and constitutional importance are concerned. IT is an interpretive body.
IT can also make rulings on whether devolved bodies have acted within their powers.
For example it ruled that the Scottish government’s proposed idea the have named persons scheme, which planned to appoint stat guardians to be responsible for the well beings of children, was blocked as it conflicted with Article 8 of the human rights act, the right to private and family life- there is no consent.
Outline the structure of UK courts
The supreme court deals with both civil and criminal cases-
On the civil side
- High court- court of appeal to lower
- High court- consists of three devisions
- Queens bench- contract law, personal injury and negligence
- Family- divorce, children, medical treatment
Chancery- Business, probate, trusts
Also supervises
Crown court- Civil cases such as compensation
Tribunal- hears appeals on immigration, social security act
On the criminal side
- same as past for top 2
Crown court- criminal court that hears appeals and holds jury trial;s and sentencing
- Less serious in magistrates
How are members of the supreme court appointed
- The Supreme Court consists of 12 members, but an odd number always sit. In important cases 11 will- for example the UK’s exit of the EU.
The most senior figure is the president- Brenda Hale.
Supreme court justices have to have served as a senior judge for 2 years and been qualified as. lawyer for 15. When a vacancy occurs a independent 5 person body , with the president, deputy, a member of the judicial appointments commission, and equivalent bodies IN Scotland and NI decide. The lord chancellor either confirms or rejects - they cannot reject names repeatedly . The PM confirms then the monarch.
What are the two key operating principals of the Supreme Court
Judicial neutrality- There is an expectation they will reform without bias. This is confirmed in the bode of conduct-
Conflicts of interest- judges have to refuse to sit in cases that involve family, friends, professional associates, which may give rise to doubt the detachment
Public activities- may write and give lectures as part of education function and may involve themselves with charity, but must avoid political activity. They can serve on official bodies, such as government commissions, but have to maintain neutrality.
They are transparent about rulings. Their website has all decisions and reasoning.
How neutral is the court and where has there been an example of independence being limited.
The narrowness of its composition in terms o genre and social and educational background is a concern. It contains a disproportionate amount of privately educated white men.
This was brought to attention when only one female member was able to be there on Radamer V Granationo. This involved a pre nuptials agreement, which a majority of justices upheld the principal that claims made in the event of a divorce should be limited. She was the only one to dissent from majority verdict, claiming that the vast majority of people who would loose out were women. She pointed out the issue in an interview where she pointed out that since she has been there 12 new judges have been sworn in and only 2 weren’t privately educated and 2 didn’t go to Oxbridge.
What is judicial independence
The principal that judges must be free from political interference.They need to be impartial they will often rule on bases between the state and citizen.
How does the Judiciary ensure independence
Employment- Judges cannot be removed unless;ess they break the law. They do have a retirement age- 70 for those appointed post 95. Immune from legal action from comments
Pay- Judges salaries are paid automatically away from the budget by the consolidated fund, cannot be manipulate day ministers
appointement- transparent and free from political involvement.
Its physical separation is a visual sign of this.
What concerns about the independence of the supreme court have been raised.
Some concerns have been raised around the indepdpnce.
In 2011, Lord Phillips raised concerns about function. The speeding cuts on the court system meant that Phillips argued that the independence of the court was at risk, unless there was independent funding. HE spoke of the tendency on the part of the ministry of justice to try and gain the Supreme Court as an outlying part of the empire.Ken Clarke dismissed this asnd said it was independence, but it cannot set its own budget.
What influence has the Supreme Court had on the executive and parliament
- One of the most important aspects of this is the Court can interpret in human rights act.It can issue a declaration of incompatibility. There is an expectation that parliament will modify the law to bring it in line with the convention of human rights. The court cannot strike down parliament though, unlike the US. This limits their power
It can however carry out judicial review. The court can inquire whether ministers have followed correct procedures in the way the implement legislation. IT can examine actions of public bodies and see if they have acted ultra vires- beyond ones powers.
Give 4 examples of supreme court rulings and their implications on the government
The right for offenders to appeal against the registration for life- 2010
- The governments position was the individuals who have committed serious sexual offences, in England and Wales, must register for life. The court ruled that this breached their human rights and should be able to appeal after 15 years. This caused conflict.
The case of Private Jason smith - 2010
- He was a serviceman who died of heatstroke in Raw. His family Brough forward a case against the ministers of defence, claiming that authorities should have safeguarded him. The high court ruled in their favour, but he supreme court overruled them- 6 to 3. They claimed that the Human rights act does not extend to troops in combat.
Al Rawi case
- The case was brought by former Inmates of Guantanamo bay who claimed UK security services had contributed to their imprisonment . The security chiefs supported by the government, said that in the interest of national security , evidence must be given in secret. They rejected this it breached the right to fair trial. Both sides have to be able to see evidence
HS2- 2014
Campaigners against the planned London the Birmingham rail link requested judicial review to see if it complies with EU environmental directives. They dismissed this as pearleimtn had not reached final decisions, so its merit remains open
How did the Supreme Court rule on Brexit
The Supreme court upheld the high courts ruling that the PM cannot choose to leave on prerogative powers. They claimed that EU membership introduced statutory rights, only parliament can remove these-
What did Lord Hailsham call the way power had been centralised in the executive in a speech at the BBC? what are some examples of this being drastic?
an “elective dictatorship”. HE believed that the only real check on power is general elections and government can do what they want- within reason. Even small majorities
Some examples this-
- 2003 Blair government- elected on 40% of the vote, attempted to abolish the role of lord chancellor, with no prior consultation. On meeting constitutional difficulties with plans, it carried out drastic remodelling of the office in 2005 constitutional reform act.
- 2011 Coalition government created ,not through public opinion, passed the fixed term parliament act
- Allowing Scotland to have a referendum- electorate not consulted.
IT comes from various places
- First past the post tends to deliver strong one part systems
- Whip systems
- Government domination of legislative timetables
- Use of salisbury convention and parliament act
- Absence of codified constitution
Outline parliaments ability to influence and scrutinise government legislation
- Rebellions have become more common in recent years. Blair did not loose until after 2005- on the terrorist bill. If a government fears it will loose it will often withdraw- Cameron did this on the hunting ban after the SNP made it clear they would vote against.
Sometimes opposition often results in a free vote. It is usually on more moral and personal issues- for example same sex marriage.
However, normally pressure of party discipline will ensure that a government secures its programme- even the most controversial aspects. For example, in 2010 the coalition voted top increase student loans- the Lib Dems had to abandon an election promise. The government has to sometimes rely on opposition MPs - for example Blair on the rental of trident in 2007.
The lords now rebells more, after the hereditary peers were expelled. IT has used its power to secure amendments, for example the sunset clause in the 2005 prevention of terrorism act.They usually won’t
How does parliament scrutinise other government committees
Changes to select committees, where MPs now elect their chairs, has enchased their status. Long standing chairs, such as Andrew Tyrie of the treasury select committee have accumulated experience and expertise.
They now include powers such as pre appointment hearings and scrutiny of legislation.Ministers can block appointments of officials as witnesses, such as May who blocked the head of MI5. Governments do not need to act on recommendations. Resources are limited. The PM appears twice a year to the liaison committee, has the chairs of all the select committees.
They can also submit oral and written questions to department ministers.
Debates can also be used, and can end on government defeats- for example on Syria in 2013. The opposition parties are allowed 20 days a session to choose debates, but little gets done.
Backbenchers business committee has scheduled debates on topics the government has not chosen, on cross party basis. With some exceptions, for example forcing the release on Hillsborough, they gain little attention. The government detainees how much time is allowed for debates
How can parliament help remove governments and ministers
In modern times, this power has been limited.
In theory, the commons can remove a government, with a vote of no confidence. However, this has not happened since 1979. BY making a vote a matter of confidence, the PM can usually face down opposition MPs, as they will not want to vote if they will loose. The fixed term parliament act now means the PM has 14 days to form a new government if they loose.
Some ministers have been removed, due to MPs. This pressure is usually supported by the Media. The media is said to care the downfall of Peter Mandelson, Charles Clarke and Maria miller, just to name a few.
Outline the debate between the idea that government power has reduced, and it still retains a large degree of control.
Reduced-
- Last decade has seen an increased number of rebellions in the commons. The 2 greatest defeats in commons history have happened in the past 2 years They may withdraw.
Governments have accepted restrictions on the exercise of certain prerogatives- such as the right tot exercise military power. Precedents have been set. The PM also can’t call an election at Whim
Backbenchers business committee gives more power to MPs to choose debate
Select committee have grown in status
Lords have led to more defeats- no single patty holds it and hundreds of cross benchers.
Governments still hold large degree of control
- Whips and patronage remain tools of government. Parliamentary private secretaries, the government can call on payroll vote of 100 Mps. With a secure majority, they cannot be defeated
Governments have gained new powers, such as power to change secondary legislation/
Governments control great amounts to timetable, and there is a limited amount to debate private member bills and debate opposition
Ministers can obstruct powers of select committees, they do not have to act on them.
Lords usually defers to the house after parliamentary ping pong . Salisbury convention limits their power, as well as the parliament act.
Outline the process of European integration, based on major changes.
1950- European coal and steel community (ECSC) formed by France, west Germany, Italy, Belgium ect to remove control of key materials from singular countries.
1957- Treaty of Rome singed by six ECSC states, creating European economic community, later known as the EC
1973- Britain and Ireland voted to join the EEC
1975- European referendum- Britain decides to remain a member
1992- Treaty of Maastricht transformed the EC into the EU
How has economic integration and the single market driven European integration
Member states wanted to promote economic growth, by breaking down internal barriers- creating a customs union.
It was taxed a step further in the Single European act of 1986 where it tried to create a single European market based on the four freedoms- goods, services, people and capital. Much of this was achieved, for example there are no more custom controls at boarders and there are common goods standards.. IT ha snot yet been complete in services such as energy and the digitised market.
Some national policy creates issues with this. The free movement was guaranteed by the Schengen area, which the UK and Ireland opted out.
Some areas have stopped movement, temporarily. In response to the migrant crises posed some serious issues to this.
How was an economic and monetary union driven European integration
The establishment of an economic and monetary union was the eventual goal for most states. This was seen in the creation of the European central bank and the introduction of the Euro in 1999 and 2002.
IT tried to promote cross border trade and eliminate uncertainties that come from fluxating exchange rates. It also underpins a closer political union.
Some nations have opted out, for example, UK and Denmark. They are not willing to surrender economic sovereignty.
After the financial crises, some eurozone members faced issues. They did not follow the rules laid down to prevent unsustainable levels of debt. Greece, Spain, Portugal, Ireland and Cyprus all required bailouts, and in return were expected to implement tighter budget rules, embodied in the 2012 Fiscal Compact treaty.
How has enlargement been a driving force for integration in the EU
With the end of the Cold War, the EU turned its attention to expand its boarder to include former soviet states.
10 new members In 2004, Romania and Bulgaria in 2007 and Croatia in 2013.
IT implemented to try and create a larger trading block and and further unity, over 500 million joined.
The new states could not be admitted until they had evolved into liberal democracies, with functioning market economies. They have to also be bale to implement EU law.
Some were concerned the countries did not meet this criteria.
There is also a concern, amongst some, about immigration.
How has social policy acted as a driving force for European integration
Social policy
- To balance the economic freedoms of the single market, from the 1980s, the Eu developed a social dimension not allow for discrimination or disadvantage. A level playing field for business also is tried to be treated, if there is vast inequality between member states, firms may move countries with worse workers rights.
How has a political union and the Lisbon treaty acted as a driving force for European integration
Political union
- There is no single institution corresponding to to the executive. There Is a balance between institutions that operate in an intergovernmental way and on a supranational level- a higher body.
There have bene many developments to this. Theres now qualified majority voting as the main decision making of the council. This means votes are proportional to population.
Veto areas have been reduced.
There have been moves to create common foreign and security policy, pooling defence for specific missions. The European arrest warrant allows individuals who are wanted by the authorities to be extradited from one another.
The Lisbon treaty, of 2007, introduced a number of institutional changes:
- The European council was given a permanent president, serves 2 and a half year term.
- A high representative of the union for foreign affairs and security policy appointed to coordinate on policy
- A system of double majority voting was introduced, enabling legislative proposals to be passed with 55% support of member states, representing 65 % of the population.
- The charter of Fundamental right- the UK refuses to accept this as binding- education, strike, health care ect
Outline the 5 main bodies of decision making in the EU, their purpose if they are intergovernmental or supranational
European commission- appointed officials from each member state, proposes EU law, enforces EU law and prepares EU budget - Supranational
European council-
Heads of government of member states, meets 4 times a year, takes key strategic decisions- e..g new member states. - Intergovernmental
Council of the European Union-
- ministers from member states, discuss policy areas and takes decisions on whether to adopt legislation, working in co-opperation with the European Parliament- Intergovernmental
European Parliament
- Only directly elected area, co-decides on most of legislation in the council. HAs a say of the adoption of EU budgets, can accept or reject nominations to the commission. Supranational
European court of justice
- Enforces EU law, resolves disputes.- supranational
