Lecture 8: Parliament, Government and the Courts Flashcards
(24 cards)
What does the Rule of Law principle entail?
The RoL entails that The government must follow the law, obey court decisions, and respect international rules. This is different from governments where leaders act on personal wishes or use laws for their own gain.
What does Separation of Powers aim to ensure?
The separation of powers helps keep government balanced by making sure no branch has too much control, and it protects the independence of the courts.
What is Parliamentary Sovereignty?
Parliamentary sovereignty means that Parliament can make and unmake any law, and no other state body, including courts, can set these laws aside.
What is Accountability?
Accountability refers to the relationship between an actor, who must explain and justify their conduct, and an accountability forum, which asks questions and/or passes judgment on that conduct.
What is Political Accountability?
PA involves mechanisms where government ministers are held responsible for their actions and conduct, such as through ministerial responsibility, select committees, public inquiries, and elections.
What is Ministerial Responsibility in political accountability?
Government ministers must explain their actions and conduct in various ways, ensuring they are held accountable for their department’s work.
What role do Select Committees play in Political Accountability?
Select committees are specialist parliamentary groups that write detailed reports on aspects of government policy and administration, holding ministers accountable.
How do Public Inquiries contribute to Political Accountability?
Public inquiries investigate matters of grave public concern, ensuring government actions are scrutinized and questioned.
What is the role of Elections in Political Accountability?
Elections let people hold the government to account by voting out leaders they’re unhappy with.
What is Administrative Accountability?
AA ensures that government policies are implemented effectively and efficiently, often overseen by bodies like ombudsmen and audit offices.
What is the role of Ombudsmen in Administrative Accountability?
Ombudsmen investigate complaints against government agencies to ensure effective and efficient policy implementation.
What is Legal Accountability?
Legal accountability ensures that the government acts within the scope of its legal powers, with checks from tribunals and courts.
How do Tribunals and Courts contribute to Legal Accountability?
Tribuansl and courts hold the government accountable by ensuring it acts within its legal powers, providing legal recourse for individuals affected by government actions.
What was the Rwanda policy and why was it controversial?
The Rwanda policy was a UK government plan to send asylum seekers to Rwanda for arriving illegally to the UK. It was controversial due to concerns about its legality, effectiveness, human rights impacts, and whether Rwanda was truly safe for refugees.
Who opposed the Rwanda policy?
Opposition MPs (including Theresa May), EU, UNHCR, Archbishop of Canterbury, and 150+ organisations opposed the Rwanda policy
Why was there little parliamentary scrutiny of the MoU with Rwanda?
There was little parliamentary scrutiny because the Memorandum of Understanding (MoU) wasn’t a treaty, so it didn’t require approval before being signed. This allowed the government to bypass formal parliamentary review.
Which parliamentary committees reviewed the Rwanda policy after signing?
The Parliamentary committees that reviewed the policy after signing was:
Home Affairs Select Committee
Joint Committee on Human Rights
Women and Equalities Committee
What happened with the first attempted removal flight in June 2022?
The first attempted flight in June 2022 was Blocked by the European Court of Human Rights using interim measures just before take-off.
What did UK courts decide about the Rwanda policy?
UK courts gave mixed rulings about the policy:
High Court: Found the policy lawful but allowed appeals.
Court of Appeal: Ruled it unlawful (2–1), saying Rwanda wasn’t safe and refugees could be sent back to danger
UK Supreme Court: In AAA v SSHD (2023), unanimously ruled the policy unlawful based on factual evidence of risks to asylum seekers.
How did the UK government respond after losing in court?
After the Supreme Court ruling, the government turned the non-binding agreement with Rwanda into a treaty (Nov 2023) and passed emergency laws saying Rwanda is safe, trying to get around the court’s decision.
What was the treaty approved under?
The treaty was approved under the Constitutional Reform and Governance Act 2010. Parliament had 21 days to block it but didn’t. Even though Lords committees and debates opposed it, the Home Secretary ratified it on 25 April 2024.
What does the Safety of Rwanda (Asylum and Immigration) Act 2024 do?
The Safety of Rwanda Act 2024 makes officials treat Rwanda as safe, stops people from challenging this in court, and removes parts of the Human Rights Act that might get in the way.
What are the criticisms of the 2024 Act?
Critics say the Act goes against the Supreme Court’s decision, weakens the courts, ignores human rights and international rules, and could damage the UK’s legal reputation.
What did the JCHR say about the government’s approach to international law?
The Joint Committee on Human Rights (JCHR) said that ignoring international law could harm the UK’s reputation and encourage other countries to do the same.
