Relations between the branches II - unit 2

Question 1

4

Factors that allow SC to influence the Executive and the Legislature

Answer 1

• Independence of the court guaranteed by law
• Can intepret law and thus affect the way in which it is implemented
• Declarations of incompatablity can be overturned, but are powerful and often headed by gov
• Uk left EU, no higher court (european court of justice) above the SC - its the highest court

Question 2

3

Limitations on SC influence

Answer 2

• No power to enforce rulings, relies on executive and legislature to do so
• Powers of SC granted by statute law, and therefore could be weakened or overturned by parl through weakening judicial review
• UK left EU, higher chance of HRA repeal, gov seeks to entrench position as most powerful branch and remove any vestiges of foreign law, even if ECHR is not part of the eu

Question 3

2

Rights are fully protected

Answer 3

• UK has developed its protection of civil rights by extending ways to redress grievances - alongside ability to contact MP, citizens can go to the courts who will uphold HRA 1998 - declarations of incompatability - 27, 19 confirmed since 3 from 2015-17
• Use of Judicial Review to highlight public concerns and pressure group 2016 acting on behalf of uk junior doctors started a 2 day hearing at high court in london arguing jeremy hunt acted ultra vires in trying to impose a new employment contract on junior doctors that affects pay and conditions for weekend working in particular

Question 4

3

Rights are in Danger

Answer 4

• HRA under threat from Con - Amnesty international criticised plans from Justice Secretary Dominic Raab to replace Lab HRA with British Bill of rights - wants to slash power of ordinary to challenge gov while Raab says it protects press better from exposing wrongdoing as feared free speech being whittled away
• Use of judicial review controversial and gov seeking to weaken it - coalition restricted cases that could apply for legal aid and rose money needed for court cases
• Gov can, through Parl, rewrite leg to amend the law - Brown and Terrorists assets case - SC ruled 2010 gov did not have power to freeze assets of terror suspects without consulting parl first - brown outraged, parl passed terrorist assets freezing act 2010 - will of parl prevailed and sc could do nothing

Question 5

Lord Chief Justice…

Senior judging becoming ‘voices of concern’

Answer 5

• Where eminated judges such as Lord Chief Justice use their elevated status within society to raise concern about a particular issue

EG Lord Chief Justice of England and Wales criticised the gov for wanting to hold ‘secret trials’ under the 2013 Justice and Security Act 2013

Lord Woolf condemned David Blunkett (Lab home sec) for prison overcrowding

Question 6

3

A growth of authoritarianism in the UK

Answer 6

Conflict has grown in recent years between senior judges and executive - willingess of ministers to criticise the judiciary

Gov expanding own powers at expense of civil liberties

EG 2015 then Home Sec May announed a new Investigatory Powers Act of 2016 - grealty expanded electronic surveillance powers of British intelligence agencies. Civil liberties pressure group Liberty made getting rid of this act one of their key campaigns and sued gov for repeal

Question 7

3

How does the Executive control Parliament

Answer 7

• Gov maj - Blair 178 1997, 2.5K
• Patronage of PM - control of all appointments and dismissals, power over MP
• Control of Party whips - control how they organise timetables, offices and other admin tasks, MPs can be suspended - supportive noise - blair

Question 8

3

Circumstances favouring executive power

Answer 8

• Gov enjoys large maj - blair, defeated only x3
• Gov united around dom ideology and cabinet us united - new labour 1997-2005, thatcherism 1983-90
• Opposition weak and fragmented - 1983-92 - Lab split on left right ideas and 2015-20 - Corbyn leadership split Lab party

Question 9

Weak…

Circumstances favouring parliament power

Answer 9

• Gov has no maj or small - May c&s agreement with dup minoruty gov, 1992 with 21 seat maj con, 2010 2 party coalition
• Gov party split on issues - 2017-19 - split over nature of Brexit and ref and 1992-97 - major con split over europe
• Leader of governing party lost popularity - 2022 truss, 1989-90 thatcher

Question 10

3

The PM disciplinary advantages

Answer 10

• Patronage - before 2019, hunt most loyal con and never voted against tory whip
• Party whips - control backbench mp
• National platform - pm head of executive and therefore has a national media profile and can speak directly to nation - put popular pressure on MPs gaining suport for their position and against parl

Question 11

3

Constitutional changes that have given parliament more control

Answer 11

• Removal of most hereditary peers - lords more willing to defy and exert control
• Creation of Backbench Business Committee - allowed ordinary MPs to control Parl time away from gov control - debates and private members bills
• Election of Select Committee chairs and MPs - reduced ability of whips to influence salary and standard of MP

Question 12

3

Parliament is under Executive control

Answer 12

• Gov still relies on ‘payroll vote’ where all ministers, numbering over 100, bound by collective responsibility
• Gov still controls legislative programme and public bill committees that propose amendments
• Gov still have higher adv in resources - national platform

Question 13

3

Parliament has control away from Executive

Answer 13

• Parl is achieving considerate influence over foreign and military policy, even voting against military interventions
• Select C increasingly influential and have come more under backbench control
• HOL more proactive and obstructive

Question 14

4

Arguments to leave

Answer 14

• Can save 350M a week - can spend money on priorities like NHS, schools, and housing
• Can be in charge of our own borders - not be overruled by EU judges on tax etc and laws more democratic
• Control immigration - fairer system based on skills, not passport - 2M ppl came over last 10 years
• Can trade with whole world - EU stops us from signing deals with allies australia and nz and growing econ like india, and brazil - secure new opportunities and new jobs

KEY campaigners - Dominic Cummings - campaign director

Question 15

3

Arguments to remain

Answer 15

• Jobs - around 2.5M ppl are employed in uk directly result of EU trade and 1M indirectly - 1/10 employed people - south bank uni
  Remain group estimated unemployed up 820K - if we lost 1% of those jobs as a result of leaving - 30K out of work
• Trade and business - our membership of EU means business in every country - market of 500M people in 28 countries - accounts for 50% UK exports
• Rights - = pay for men and women enshrined in law, maternity leave, bans on discrimination against age, race or sexual orientation

KEY campaigners - Stuart Rose - chairman, Will Straw - executive director

Question 16

3

What does the European Union do

Answer 16

• Fighting discrimination and promotes equality, peace and EU values
• Establishing single European market and creating a monetary and economic union
• Establishing an area of freedom, security and justice without internal frontiers and developing cohesion between member states

Question 17

The Institutions of the EU - The European Commission

Answer 17

• Proposes leg, ensured eu treaties respected and broadly responsible for policy implementation

Question 18

The Institutions of the EU - The Council of Ministers

Answer 18

• Decision making branch
• Important decisions made by unanimous agreement, and others reached through maj

Question 19

The Institutions of the EU - The European Council

Answer 19

• Presidents or PM in each state accompanied with foreign ministers and a full time President of European Council
• Meets x4 and provides strategic leadership for EU

Question 20

The Institutions of the EU - The European Parliament

Answer 20

• Scrutinising assembly, not a legislature
• Its major powers too far reaching to exercise - reject the EU budget and dismiss European Commission

Question 21

The Institutions of the EU - The European Court of Justice

Answer 21

• ECJ interprets and adjucates on EU law and treaties
• 28 judges, one from each member state and 8 advocate generals who advise the court

Question 22

4

Main functions of the EU

Answer 22

• Customs union - member states can trade w each other w.o tarriffs
• A single market
• Econ union - a system of grants and agri subsidies for eu budget, most countries use euro
• Political union - common foreign policy and negotiate foreign powers as a single unit - human rights, econ and social rights and international law enforcement

Question 23

4

Four single market freedoms for the EU

Answer 23

• Complete freedom of movement of goods
  Complete freedom of movement of services
  Complete freedom of movement of workers
  Complete freedom of movement of people across borders

Question 24

Protect…

‘The Social chapter’, the effect on the UK and the impact on Brexit

Answer 24

• Designed to protect workers rights and ensure a certain quality of life, enforced by EU - maxmum no. of hours (48), legally required breaks, holiday and sick pay and issues relating to maternity leave

Small to medium brit industries argue cost of complying is less competition in international markets - employment much cheaper in places like india and china

Question 25

# 4 Impact of leaving EU on the UK

Answer 25

- Constitutional impact - parl regained all sov, eu no longer part of uk law, european court of justice no more jurisdiction - Impact on devolved nations - scot indepence, ni border, trade deals, reciperocal agreements to let people move freely in and out of eu countries - Impact on political parties - divisions deep in parties - johnson, may and top levels of con who supported remain side lost power like cam - Impact on UK society and political issues - ref deep divisions in uk society

Question 26

Sovereignity definition

Answer 26

- A power that cannot be overruled - Source of all political powers - can delegate and can recover those powers - Can be removed or transferred in a democracy with sepcial procedures that require popular consent

Question 27

# 3 Legal sovereignty

Answer 27

- Legal power to make laws - Parl laws supreme in all circumstances - Can declare what the constitution is

Question 28

# 3 Political sovereignty

Answer 28

- The reality of where power lies - What the sov body can do in the face of public opinion and circumstances beyond control - could take away power from scot parl, but unthinkable - Uk gov develops most national laws, not parl - effective sov with a democratic mandate

Question 29

# Functional... Sovereignty is being divided into?

Answer 29

- 'Functional gov' - With whichever body or individual has ultimate power in a particular political issue

Question 30

# 3 Location of functional sovereignty and where its located - the people through referendums

Answer 30

- Determines the opinion of the public on important constitutional referenda like scot independence or uk eu membership - Demonstrates a de facto transfer or authority from people rep in parl through direct democracy to the public 2016 - public voted leave 73% MPs opposed, 2017 HOC voted 498 to 114 to allow gov to begin negotiations BUT - not legally binding, only advisory - but constitutionally improbable - dangerous for gov to ignore

Question 31

# 2 Location of functional sovereignty and where its located - the courts

Answer 31

- Judicial inquiries, holds gov to account, no influence of salary or firing BUT judges cannot strike down an act of parl since they have no higher law of the constitution of which to appeal

Question 32

# 2 Location of functional sovereignty and where its located - devolved nations/institutions

Answer 32

- Provides de facto evidence for a chance in location of sov BUT in theory, west did not lose any sov powerwhen it devolved, just gave away domestic powers to scot parl and welsh and ni assemblies

Question 33

# Large maj... Location of functional sovereignty and where its located - the PM/Executive

Answer 33

Large maj can pass laws easy, democratic mandate, parliament rarely veto leg and very rare for minority gov - haven't had one since may BUT weak maj can do equal damage - may, 33 defeats in whole career, 3 in brexit

Question 34

# 3 Location of functional sovereignty and where its located - Parliament

Answer 34

- UK does not have codified constitution - no law higher than parliamentay statute - can make own laws - Challenges royal preogative - exercised by PM so in certain areas Parl not sov - since debating military action in Iraq 20003 parl now expects to be consulted over military action - Result of Fixed Terms parliament act 2011 - parl can no longer be dissolved through prerogative - PM needs a 2/3 maj

Question 35

# 3 How does Parliament hold executive to account?

Answer 35

- If no electoral mandate, Commons may exercise a veto by voting down leg - May - Brexit - 3 defeats, 33 altogether, Indicative votes for Brexit - no winners on their proposals, 9 different - Amending legislation - Rwanda Bill - 4 amendments back, banning smoking in cars that carry children amendment to children and families bill 2014 - Calling gov ministers to account during formal scrutiny sessions - Select commitees, Amber Rudd 2018 Windrush scandal