Relations between branches Flashcards
(66 cards)
1
Q
What is the UK Supreme Court?
A
- Created in 2009 (Constitutional Reform Act 2005)
- Took over from Law Lords (in House of Lords)
- UK’s highest court of appeal
2
Q
Supreme Court composition?
A
- 12 Justices, including a President (currently Lord Reed)
- Appointed by monarch on advice of PM
- Appointments Commission
Legally trained, often previously senior judges
3
Q
What is judicial neutrality?
A
- No political bias
- Must base rulings on law, not personal opinion
- Judges avoid public political statements
E.g.: Criticism during Miller 2016 case (“Enemies of the People”)
4
Q
What is judicial independence?
A
Judiciary free from interference (esp. from government)
Protected by:
- Security of tenure
- Independent pay
- Constitutional Reform Act 2005 (moved judges out of Parliament)
5
Q
What is judicial review?
A
- Courts review decisions of public bodies
- Can overturn unlawful actions
- Upholds the rule of law
6
Q
What does ultra vires mean?
A
- A public body acts “beyond its powers”
- Declared unlawful
E.g.: UNISON 2017 – tribunal fees ruled unlawful
7
Q
How can the Supreme Court influence Parliament and the Executive?
A
- Judicial review
- Declarations of incompatibility (under
Human Rights Act) - Influential rulings:
- Miller I (2017): Parliament must approve Article 50
- Miller II (2019): Johnson’s prorogation unlawful
8
Q
Legal vs Political Sovereignty?
A
- Legal: Who has ultimate law-making authority (→ Parliament)
- Political: Who actually holds power in practice (→ Executive, people, devolved bodies)
9
Q
Elective dictatorship?
A
- Coined by Lord Hailsham
- When a government with a majority controls Parliament, it can dominate
E.g.: Blair’s majority = strong control
10
Q
What are the EU’s four freedoms?
A
🏃 Free movement of people
📦 Free movement of goods
💶 Free movement of capital
🛠️ Free movement of services
11
Q
How Parliament holds Executive to account?
A
(RIPQS):
- Rebellions (Backbench MPs vote against government)
- Inquiries (Select committees like PAC)
- PMQs
- Questions to ministers
Second chamber (House of Lords amendments)
12
Q
Executive dominance tactics?
A
-(WAL):
- Whips
- Agenda control (time & bills)
- Legislative majority
13
Q
Example of Executive being held to account?
A
- 2013: Parliament voted against Syria airstrikes (Cameron)
- 2019: Johnson’s prorogation ruled unlawful
14
Q
Has the balance of power shifted?
A
- Yes: Parliament stronger under minority governments
- No: Still dominated by Executive with large majority
Trend: Power fluctuates with political context
15
Q
EU Aims? (PEACE)
A
- Political cooperation
- Economic union
- Access to single market
- Coordinated lawmaking
- Environment of peace
16
Q
EU’s impact on UK sovereignty?
A
- EU law > UK law (e.g. Factortame case)
- Limited Parliament’s ability to legislate freely
17
Q
Brexit’s impact on sovereignty?
A
- legal sovereignty returned to Parliament
Still constrained by:
- International agreements
- Economic pressures
- Devolved powers
18
Q
Sovereignty shift trends?
A
(DRIP):
- Devolution (Scotland/Wales/NI)
- Referendums (public power)
- International law (e.g. treaties)
- Public bodies and courts
19
Q
Example of devolved sovereignty?
A
- Scottish Parliament controls education, health, etc.
- 2014 IndyRef showed political power of Scottish people
20
Q
Do courts hold sovereignty?
A
- Not legal sovereignty
But do have growing influence through: - Judicial review
- Human Rights Act interpretation
- Striking down executive actions
21
Q
What was the significance of Miller v Secretary of State for Exiting the EU (2017)?
A
It forced the government to seek parliamentary approval to trigger Article 50, reinforcing parliamentary sovereignty and limiting executive prerogative powers.
22
Q
Why was Miller v Prime Minister (2019) important?
A
The Supreme Court ruled Boris Johnson’s prorogation of Parliament was unlawful, asserting judicial independence and upholding parliamentary accountability.
23
Q
What did the court decide in UNISON v Lord Chancellor (2017)?
A
Tribunal fees were ruled unlawful for restricting access to justice, showing how the court can protect rights using judicial review and ultra vires.
24
Q
What was the impact of Parliament’s vote on Syrian airstrikes in 2013
A
MPs rejected Cameron’s proposal, showing Parliament can override executive foreign policy decisions, reinforcing scrutiny and accountability.
25
How did Parliament challenge the executive during Brexit (2017–2019)?
May’s deal was defeated by 230 votes, and laws were passed to block no-deal, showing Parliament’s increased assertiveness during a minority government.
26
What was the constitutional impact of the Factortame case (1990)?
UK courts disapplied an Act of Parliament due to conflict with EU law, proving EU law supremacy and limiting UK legal sovereignty.
27
What did the court decide in Begum v Home Secretary (2021)?
The Supreme Court deferred to the executive on national security, showing that the executive retains strong power in sovereignty-sensitive issues.
28
What impact did the Human Rights Act (1998) have on sovereignty?
It gave UK judges power to issue declarations of incompatibility, enhancing judicial influence but preserving parliamentary sovereignty in theory.
29
How did the 2014 Scottish Independence Referendum reflect shifts in sovereignty?
It showed political sovereignty had been devolved, and that major constitutional decisions now rely on popular consent in devolved nations.
30
Who is the head of the Executive in the UK?
Prime Minister
31
What is the primary role of the Prime Minister?
Chairs the cabinet and manages the agenda
32
How many senior ministers are typically in the Cabinet?
20-23 senior ministers
33
What is the role of the Cabinet Office?
Provides administrative support headed by the Cabinet Secretary
34
Who is the most senior civil servant in the UK?
Cabinet Secretary
35
What is the responsibility of Government Departments?
Each is responsible for an area of policy (transport, defence, energy, etc)
36
What is the relationship between cabinet members and Government Departments?
Each Government Department is headed by a cabinet member and supported by junior ministers
37
What are Executive Agencies?
Semi-independent bodies that carry out some functions of government departments
38
Give an example of an Executive Agency.
DVLA
39
Which department oversees the DVLA?
DfT (Department for Transport)
40
roles of the executive
Proposing Legislation:
- Executive proposes new laws or amendments
Proposing the Budget:
- created by the Chancellor of the Exchequer and Prime Minister
- annual statement of the government’s plans for tax changes and public spending.
Making Policy Decisions:
- has to decide how to make its future aims effective for the country
41
Powers of the Executive
Royal Prerogative:
- historic powers of the monarch now exercised by the prime minister and ministers without parliamentary approval
- eg foreign affairs, military action and granting passports
Initiating Legislation:
- The Executive controls the agenda and timing of legislation and can push their bills through Parliament with a large majority.
Secondary Legislation:
- a law that is made without passing an Act of Parliament
42
What is the official term for the rules governing ministers?
Ministerial code
43
How can ministers be held accountable for their department's actions?
* Question Time
* Select committee scrutiny
44
What is a point of principle in relation to ministerial responsibility?
A minister should resign if they cannot agree with something on principle.
45
What must discussions in Cabinet be?
Confidential
## Footnote
This confidentiality is crucial for maintaining unity and open dialogue.
46
How should the Cabinet appear in public despite private disagreements?
United
## Footnote
This appearance helps convey strength and unity to the public.
47
What are non-abiding members expected to do?
Resign or be sacked
48
What significant action did PM David Cameron take during the 2016 EU referendum campaign?
Suspended collective responsibility
49
What does it mean when collective responsibility is suspended?
Ministers can vote with their conscience rather than with a party line
50
Should collective responsibility be abolished?
YES:
- encourages open debate
- greater accountability
- transparency
NO:
- weakens government unity
- reduces government efficiency
- gives opposition an advantage
51
What are the basic requirements to become Prime Minister?
- An MP
- Over 18
- A commonwealth citizen
- A party leader
52
Can a Prime Minister take office without an election?
Yes, they can take office by becoming leader of the majority party or without an overall majority
53
List the roles of the Prime Minister.
* Leader of the party in parliament and country
* Appoint government ministers to a cabinet
* Direct and influence government policy
54
What does the Director of Communications do?
Manages internal and external communications of the Prime Minister
55
What is the function of the Press Secretary?
Gives news and information to the Prime Minister to manage public perception
56
How can events influence a Prime Minister's power?
Leadership during events can boost their popularity at elections
57
What role does the team around the Prime Minister play in their effectiveness?
Stronger civil servants and ministers can enhance the PM's strength and provide better advice
58
key members of the cabinet (march 2025)
- Prime Minister: Keir Starmer
- Chancellor: Rachel Reeves
- Home secretary: Yvette Cooper
59
prime minister and cabinet relationship
- cabinet is responsible for policy making
- leadership is becoming more personalised and the PM is distant from traditional institutions like the cabinet
60
factors affecting the PM-Cabinet relationship
Prime ministerial style:
A dominant PM may marginalise the Cabinet (e.g. Thatcher in the early 1980s).
Cabinet Unity and Loyalty:
A united Cabinet strengthens the PM’s authority.
Special Circumstances:
coalition: cameron had to share power with Lib Dem ministers
61
Is the cabinet still important?
YES:
- formal decision making body of gov
- major issues still discussed in cabinet
- expertise
NO:
- power has shifted to PM and lobbyists
- some PMs ( Blair) sidelined cabinet
- Presidential style of leadership reduces cabinet influence
62
what was the first successful coalition government since wwII
- 2010 coalition government between the conservatives and lib dems
- david cameron became PM and Nick clegg became deputy PM
63
what did the 2011 fixed-term parliaments act do?
- set five year election cycles and required 2/3 of MPs to vote for an early election
- repealed in 2022
64
what is the 2015 recall of MPs act?
- allowed constituents to trigger a by election if an MP committed a crime or was suspended for 10+ days
- requires 10/ of constituents to sign a petition
65
how did the 2010 coalition affect parliament?
- 2014 Lords reform act: peers could retire or be removed for crimes
- 2015 lords spiritual act: allowed female female bishops in the lords
66
what electoral reform did the Lib Dems want
- STV but settled for AV referendum
