Relations between institutions Flashcards
(32 cards)
What are the key features of the judiciary’s role?
It is one of the three branches of government, applies the law fairly, and interprets legislation. It plays both legal and political roles.
How do judges make law?
By interpreting statutes, clarifying unclear laws, and establishing legal precedents known as common law.
What is judicial review and why is it important?
It allows courts to assess whether government actions are lawful. It ensures the rule of law and checks executive power.
What public roles do judges have outside of courtrooms?
They chair public inquiries, decide on sentencing within limits, and enforce human rights through key legal rulings.
What concerns exist about judicial diversity and bias?
Judges often come from narrow backgrounds and may be seen as out of touch or biased, with some past insensitivity in judgments.
How does the judiciary relate to the separation of powers?
It is supposed to be separate from law-making, but interpreting statutes can resemble creating law.
What is the European Court of Human Rights (ECHR)?
A court based on the European Convention on Human Rights, allowing individual cases since 1998, and independent of the EU.
What is the role of the European Court of Justice (ECJ)?
It ensures EU law is applied uniformly, can override national laws, and enforces EU legal obligations on member states.
What are the arguments for EU law taking precedence?
It encourages cooperation, legal consistency, and protects EU-wide freedoms like movement and trade.
What are the arguments against EU law supremacy?
It undermines UK sovereignty and lets judges interpret treaties in ways that limit Parliament’s powers.
What were the main changes of the Constitutional Reform Act 2005?
It removed the Lord Chancellor’s judicial role, created the Supreme Court, and introduced a new judicial appointment process.
What are the arguments in favour of creating the Supreme Court?
It clarifies the separation of powers, increases transparency, and enhances judicial independence.
What are the arguments against judicial reform?
The Prime Minister still influences appointments, and the executive retains significant control over criminal law.
How has the role of Lord Chancellor changed?
It is now a purely political post with no judicial functions and no role in appointing judges.
What were the problems with the Law Lords before reform?
They were appointed by politicians and lacked formal protections for independence and neutrality.
How is judicial neutrality maintained?
Judges avoid political involvement, recuse themselves from biased cases, and are subject to public and media scrutiny.
What impact has the creation of the Supreme Court had?
It improved independence and visibility, but did not expand judicial powers significantly.
Why does the government usually dominate Parliament?
The electoral system favours majority governments, party whips ensure discipline, and the PM controls the legislative agenda.
When does Parliament resist government control?
During minority or coalition governments, strong backbench rebellions, or when the Lords assert their powers.
What are the strengths of the House of Commons?
It can remove governments, veto or amend legislation, and scrutinise ministers through committees.
What are the weaknesses of the House of Commons?
The government controls the timetable, patronage limits independence, and resources for scrutiny are limited.
What are the strengths of the House of Lords?
It is more independent, draws on expertise, and effectively delays or amends legislation.
What are the weaknesses of the House of Lords?
It is unelected, cannot block money bills, and its amendments can be reversed by the Commons.
How does the judiciary check the legislature?
Judges interpret laws, rule on human rights issues, and can declare legislation incompatible with the Human Rights Act.
