Relationship between the branches Flashcards
(122 cards)
1
Q
What it the role and composition of the supreme court
A
A political systems have a constitutional court and the UK supreme court upholds the UK constitution.
They deal with issues relating to devolutionary jurisdiction
It also considers cases of judicial review
2
Q
Define judicial independence
A
Judicial independence relates to the level of autonomy of judicial branch from the other two branches of government
The judicial branch of government must ultimately be independent in order to perform its job effectively
3
Q
Define judicial neutrality
A
Judicial neutrality is the extent to which judges are free from bias
In order to perform their job correctly, a judge must put aside their own personal views
Judicial independence and judicial neutrality are upheld in a number of ways
4
Q
Has the judiciary been politicised
A
The media has claimed that the judiciary has become more ‘politicised’.
For instance, the HRA has brought senior judges into the poltical arena
Politicians from both main parties have also broken with convention and publicly criticised judicial rulings
5
Q
Backhand to the judiciary been politicised
A
However, judges still benefit from security of tenure and guaranteed salaries. The judiciary has also become more independent as a result of the CRA. Furthermore, the judiciary has been more willing to oppose government policies
6
Q
Outline the appointment and removal of those in the judiciary
A
The appointment and removal of the 12 members of the Supreme Court is the responsibility of the JAC.
Appointments are determined on the basis of merit and ability
7
Q
Describe the CRA
A
It was widely believed that the CRA would enhance judicial independence and be more reflective of the population
For instance, there is no a ‘tie-breaker’ principle amongst senior judges in fair of women and minorities
8
Q
How does someone become a member of the The Supreme Court
A
Vacancies are filled by an independent selection commission
A judge must have held high judicial office and been a qualifying practitioner for a period of time
They can be removed of they have violated the rules and conventions governing their position
9
Q
How is neutrality maintained
A
Open courts +Free Press, Conflicts of interest, Public activities
10
Q
Is the judiciary neutral
A
The extent to which the judiciary can be described as neutral is debateable
Firstly, it could be argued that no-one is entirely free from bias.
Secondly, there have been claims from both parties that the judiciary has shown favouritism
11
Q
Is there an influence of the supreme court onto the UK
A
After the legislature and the executive, the third branch of government is the judiciary
It is Cleary the weakest of the three
The main areas to focus upon is judicial review, rulings made on controversial issues, civil liberties and case law
12
Q
Describe the Case study - ABU QATADA
A
The UK government originally wanted to deport the radical cleric Abu Qatada
However, the Supreme Court ruled that his human rights would have been breached if he were to be sent back his native homeland
Abu Qatada could not therefore bed deported back to Jordan
This underlines the concept of judicial independence
13
Q
How does the judiciary uphold the law
A
The judiciary has the ability to limit the actions of politician via ultra vires
For instance, the Treasury v Ahmed (2010) the government was rules to ahve acted beyond its powers in relation to freezing assets held by terrorists
As this example makes clear, politicians are not above the law
14
Q
What political role does the judiciary play
A
The judicial branch of govenrment also plays an overtly ‘political’ role
For instance, the judicial can send back a bill to parliament if they believe it to be incompatible with the European Convention on Human Rights
Parliament does not ahve to amend the bill
15
Q
Describe Case study -Judiciary independence - Brexit
A
In 2016 Gina Miller brought a case against the Secretary of Stae for Exiitng the Euroepan Union
THe cours ruled that hthe executive branch had excedded their pwoers
16
Q
How powerful is the Judiciary
A
Whilst such rulings suggest that the judiciary is a relatively powerful institution the judicial branch of govenrment does not initiate laws
The legislative power of the courts relates solely to that of case law
However the judiciary exercise power based upon judicial review and the HRA
The judicial branch also upholds the rule of law
17
Q
Describe the judiciaries Relative power of the court
A
The Supreme Court is much weaker than its counterpart in the US. This is because the British system is nearer to a fusion of powers.
This tends to undermine the power and independence of the judiciary
18
Q
What are the fusion of powers in the UK
A
The British system is based largely upon a fusion of powers
For instance, the executive is formed by the party with the most seats in the Commons. Leading members of the executive also face scrutiny
19
Q
Define executive dominance
A
The executive is the most powerful branch. Recent attempts to make Britain a more democratic society have not fundamentally altered the dominance of the executive branch. The level of executive dominance depends upon several factors
20
Q
What have the reforms to the legislature been
A
The legislature has undergone significant reform since 1997 (particularly the Lords).
These changes have made the Lords more assertive in relation to the other place
For instance, the upper chamber managed to defeat over 400 govenrment proposals during the noughties
21
Q
How are the powers of the Lords constrained
A
The powers of the Lords are constrained by a lack of democratic legitimacy
The power of Mps from Scotland, Wales, Northern Ireland and London has been weakened by devolution
Other democratic reforms (such as elected mayors and an increase propensity to hold referendums) have also undermined the powers of MPS
22
Q
What changes have been made to the judiciary
A
The judiciary has also experienced major changes since 1998
For instance, the role of the Lord Chancellor has been overturned
23
Q
Outline the Human Rights Act
A
The HRA led to a more assertive judicial branch of government
For instance, the Supreme Court ruled against both Theresa May and Boris Johnson
Having said this, the judicial branch is always subject to changes with no direct influence over those changes
24
Q
What happened to the relationship between the executive and the legislature.
A
The relationship between the executive and the legislature is always an unpredictable one due to ever-changing factors and events
The size of the parliamentary majority secured by the Conservatives should strengthen the hand of the executive
However, the issues presented by the pandemic and Brexit are likely to preoccupy to present government
25
How effective in the executive?
Accountability refers to a situation in which elected representatives are answerable to the people
The executive branch of government is regularly scrutinised by the legislature
The main channel by which this occurs is via the committee system
26
What are the two types of committees
A select committee seeks to investigate matters of interest with their particular remit
A public bill committee however consider a bill during its passage through parliament
27
What are select committees
Select committees consist of MPS and peers with an interest in that particular area
A number of those members may even be experts in that particular field
However, a rebellious MP on the government’s trenches may be demoted from a select committee if they gain a reputation as a troublemaker
28
What reports come from select committees
Members often publish reports that portray the government in a critical light
That said; the composition of a select committee is reflective of party strength
The government will therefore always have a majority of members within the committee
29
What powers do select committees have
Select committees have the power to call for ‘papers, persons and records’
This empowers the legislature in terms of holding the executive to account
It also gives backbench MPS the opportunity to have an impact within parliament
30
What is the impact of reports from select commitees
The reports published by select committees can be significant
A small number of select committees are quite prestigious (such as the PAC)
Moreover, public bill committees can make important amendment to proposed legislation
30
What is the impact of reports from select committees
The reports published by select committees can be significant
A small number of select committees are quite prestigious (such as the PAC)
Moreover, public bill committees can make important amendment to proposed legislation
31
What limitations are upon select committees
The most important is that the government is under no obligation to follow proposed recommendations
Whilst chairs of select committee are elected by the House, the government of the say will always have a majority of members
There is a relatively high level of party discipline within the British system
32
What examples to use of people who refused to attend committee hearing
Certain ministers (such as Gordon Brown during his time as Chancellor)...
…advisors (such as Dominci Cummings)
…outside figures (like Mike Ashley of Sport Direct) have refused to attend committee hearings
33
Summarise the effectiveness and power of committees
On balance, committees offer a limited means to curtail the power of the executive
However, the distribution of power is tilted heavily towards the executive
Unlike the US, parliamentary committees do not wield significant power
In addition, a high number of regulations are written by civil servants and become law in the form of statutory instruments. These are not scrutinised by parliament
34
What are PMQ'S
At its best, it offers a gladiatorial contest in which the Pm is held to account in full-view of the public and media
PMQs can at times provide high drama and public spectacle.
Critics however claim it is little more than farcical name-calling befitting a school playground.
35
What are some dependent factors of the executive
A great deal depends upon the politicians in question and the issues under consideration.
A serious issue can often result in MPs putting aside childish insults and behaviour.
However, a verbal gaffe from the PM will lead to theatrics from the opposing side.
36
Outline Questions to the executive
Written questions can be submitted by Mps and peers
Most of the media’s attention focuses upon verbal questions, many of which are expected in advance
Verbal questions are usually designed are usually designed to score a political point, and are usually dealt with easily by a well-briefed minister
37
Define supplementary questions
Supplementary questions however are unexpected and can at time embarrass the minister concerned
Mps and peers will tend to raise questions of concern to their constituents or their particular area of interest
Questions can obtain detailed information about politics and activities
38
What are some other means of scrutiny
Other methods of scrutiny include opposition days, the House of Lords, the Ombudsman and PMQs.
Opposition days are called by the opposition parties to highlight a relevant issue.
The Ombudsman merely looks at maladministration from government Departments.
The House of Lords also holds the executive to account within its specified remit.
39
What power does the executive hold
The power balance between the executive and parliament is titled firmly towards the former
For instance, the executive shapes the legislative agenda
Although parliament is the branch through which laws are passed, the main source of legislation is the executive branch ‘’
40
What power does the legislature hold
However, the main limitation upon the executive branch is Parliament.
It is also the case that the executive branch must derive from parliament itself.
A clear illustration of the capacity of parliament to assert its position is during a vote of no confidence.
41
How does the size of the majority effect the power of the executive
The main dependent factor to consider is the size of the parliamentary majority
A government that wins an election by a landslide (such as Labour in 1997) has a significant influence over parliament
Having said this, a government with a small majority might be able to maintain party discipline amongst its own MPs
42
Define Electoral cycle
When a new part comes to power, its own MPs owe a degree of loyalty to the government itself
Given the focus on the media upon the party leaders, their position within parliament may well depend upon the public appeal of the PM
The power of the Prime Minister is also an important factor during the electoral cycle
43
Outline Blair as an example for executive dominance
A clear illustration to consider is Tony Blair.
From 1997 to 2005, his government never lost a parliamentary vote.
However, once he announced his intention not to stand for another election his authority ebbed away.
43
Outline Theresa May as an example for a lack of executive dominance
Theresa May never really established authority over parliament (or her own party)
She took over at the start of a battle over Brexit between the executive and most members of the legislative branch
Her failure to gain a majority of seats also put her on the back foot
Lacking a full mandate, she was never fully in control of events
44
What is the separation of powers
The Legislative branch
The executive Branch
The Judicial Branch
The separations of powers means that the three branches of government are autonomous form one other. Supporters claim that it strengthens the ability of the judiciary to act as a check upon the power of politicians. For instance, the US Supreme Court can impeach the American Head of State if he is found guilty of ‘high crimes and misdemeanours’
45
Define fusion of powers in the UK political system
This refers to a situation in which the three branches of government are linked
For example, the Prime Minister and his/her Cabinet are also members of the legislature
A fusion of powers is less democratic than a separation of powers
… but usually more effective
46
Outline judiciary v. The Executive
The judiciary is much weaker than its counterpart in the US due to the fusion of powers.
For instance, the previous Labour government was accused of exerting pressure upon the court’s rulings over the legality of British involvement in Iraq.
In addition, the executive branch influences the judicial branch via the Justice Ministry.
The Prime Minister also has the final veto over appointments made by the JAC, and the Sentencing Council sets sentencing guidelines that judges must follow.
47
What is the CRA & The Lord Chancellor
The Lord Chancellor used to be member of all three branches of government
This was changed due to the Constitutional Reform Act (2005)
As a consequence, Britain no longer has a complete fusion of powers
48
Evaluation of the separation of powers
Supporters claim that it would enhance the ability of the judiciary to act independently
Accusations of politicisation came to a head during the Hutton inquiry into the Iraq War, when the Blair government was largely absolved of blame
Concerns over the politicisation of the judicial branch have declined since 2010
49
What are the aims of the EU
The European Community was created in 1957 amongst six member states with the aim of creating ‘an ever closer union’
Since then, the process of European integration has developed a process of deeper integration
The European Union has also expanded to twenty-seven members
50
What are the three pillars of the EU
In 1993, the European Union was established based upon three pillars
These were the European Communities, a Common Foreign and Security Policy and co-operation in Justice and Home affairs
The Maastricht Treaty was also significant in terms of establishing the Single European Market
51
Define the Single Market
The single market is based upon the four freedoms (goods. Services, capital and people
The single market even applied within the Uk during the transition period
This was agreed as part of the Brexit withdrawal
52
What are the reasons for a single market
The argument in favour of the single market are both political and economic
Politically, a single market based upon four freedoms is consistent with the original aims of the founding fathers
From an economic perspective, an internal market provides benefits (e.g. specialisation, greater competition and economies of scale)
53
What is the social policy of the EU
The EU’s social policy aims to promote employment, improve living standards and provide adequate social protection
The European Pillar of Social Rights (2017) facilities further integration in this particular area
The pillar of Social Rights is centred upon twenty key principles ranging from equality of opportunity to social inclusion
54
Outline the Social Chapter in the EU
The social chapter was established during the Maastricht Treaty
The most well-known example of the Social chapter is the Working Time Directive (WTD)
During the membership of the EU, workers could out-put of the directive
55
Outline the theory of having a single currency in Europe
The Euro is the second-most traded currency on the foreign exchange markets
Notes and coins bearing the Euro came into circulation on New Years Day
It represents major step towards a federal United States of Europe
56
What criteria has to met to join the EU
In order to join the Eurozone, a set of convergence criteria has to be met
However, the rules were applied in a ‘flexible’ manner to let in Greece
This presented significant problems for the currency zone due to the weakness of the Greek economy
57
Positively Assess the European Union
The organisation has achieved remarkable integration in many different areas
For instance, the European Union is one of the world’s largest single markets
Even the controversial freedom of movement is made possible via practical policies such as the Schengen agreement
58
Negatively asses the European Union
From the opposing angle, member states can implement a divergent series of polices
Secondly, the supranational institutions are often ineffective in terms of imposing sanctions on those in breach of the rules
The Eu may have also reached a turning point due to Brexit
59
What role does the Eu play in policy making
From 1973 to 2020, the Uk’s membership of the European Union affected the basis of policy-making
It also impacted upon this civil service, multi-level governance and pressure group
The obvious starting-point to consider is that of statute law
60
How does the Eu affect the parliamentary sovereignty of the EU
Supranational situations such as the Commission impose EU laws and directives
The judicial branch of the Eu also enables individuals to take legal action against member states
61
What is the relationship between the Eu and the executive
The Uk system provides considerable powers to the Prime Minister and their Cabinet
The ‘government’ is often able to shape the legislative agenda provided it holds a parliamentary majority and imposes sufficient party discipline
However, members of the executive used to meet on a regular basis with their European counterparts
62
Examples of the relationship between the EU and then executive
for instance, the Prime Minister used to meet with other heads of government/ state during the European Council
This is the forum for defining the path towards the process of further European integration
A similar observation applies to Cabinet ministers in the Council of the EU
63
How did the UK membership to the EU affect governance
Our membership if the Eu affected all levels of governance
For instance, the developed bodies were in contact with their Eu equivalents in order to drive forward a shared agenda
The Europeanisation of the policy-making process was institutionalised within the civil service
64
What is the relationship between pressure gorups and the EU
Insiders send lobbyists to Brussels and shape the decision-making process.
Given the pluralist character of the European Union, a number of institutions are relatively open to the influence of such groups.
In doing so, pressure groups can shape the decisions taken at the EU level
65
How far did the EU affect the harmonisation of policy areas
The extent to which policy-making was Europeanised does not provide a uniform picture.
For instance, education was largely unaffected …
… whilst agricultural policy was shaped by the Common Agricultural Policy.
66
What is the relationship between the political parties and the EU
The two main parties have both been divided over the issue of European integration.
During the nationwide referendum on our continued membership, members from the main parties campaigned on different sides during the debate.
The Prime Minister David Cameron even suspended the convention of CMR due to divisions within his own Cabinet.
67
Case study - 2016 referendum
The two sides contained prominent members of all the main parties
The issue of Europe has also resulted in the creation of the Brexit Part, politicians crossing the floor and the creation of a short-lived independent group of MPs
The government led by Boris Johnson was elected on a a mandate to get Brexit done
68
Outline Scottish impendence
The case for independence is strengthened by the numerous smaller countries who are both independent and members of the EU
Scottish independence is also given added impetus due to the existence of regions within member states seeking greater autonomy from the centre
The Scottish government also used to gain EU funds
69
Outline Factortame as an example
European regulations because part of our legal system without period parliamentary approval
The ‘textbook’ example remains that of Factortame in the early-1990s.
The process of Europeanisation was particularly pronounced in terms of employment policies and environmental protection.
70
What is the relationship between the judiciary and the EU
In terms of the judiciary, the Supreme Court deferred to decisions taken by the CJEU.
The European court was therefore ‘higher’ than any British court.
This even applied during the transition period.
71
What is the relationship between the legislature and the EU
In regards to the executive branch, the Prime Minister and Cabinet ministers are scrutinised by members of the legislature
This enhances the ability of parliament to act as a check upon the power of the executive
However, as negotiations are done in secret within the Eu the executive retained a degree of power
72
Define sovereignty
Sovereignty can be defined as the right or authority to govern.
In theory, the UK is based upon parliamentary sovereignty.
However, in practice the location of sovereignty is open to debate.
73
Define legal sovereignty
Legal sovereignty consists of that person or body of person who have legal power
For instance, MPs have the ability to pass laws
Legal sovereignty is commonly referred to as de jure sovereignty
74
How is sovereignty applied to the UK system
The executive is the branch of government that implements those laws
In contrast, the judicial branch of government decides upon the meaning of laws
However, in practice the picture is more complex
75
Define political sovereignty
Political sovereignty offers a more realistic description of how power works
For instance, most laws are instigated by the executive branch of government
It's commonly known as de facto sovereignty
76
Outline parliamentary sovereignty
Parliamentary sovereignty has faced a significant challenge from above and from below.
For instance, the power of multinational companies dwarfs that of the nation-state
Globalisation may well eventually lead to the demise of the nation-state.
In an era of globalisation, governments seem unable to ensure that such companies pay an adequate level of taxation.
77
What challenges have the been within sovereignty in parliament
Those on the right of the political spectrum claim that judicial branch has gained in terms of power and authority
The role of the judiciary has also been criticised for adopting an activist stance
Another example to consider is devolution
78
What is the impact of devolution on parliamentary sovereignty
Parliamentary sovereignty has also been affected by the transferal of power to the devolved bodies
The potential break-up of the United Kingdom would result in a decline the power of Parliament
The sovereignty of Parliament has also been weakened by executive dominance of the role of special advisers
79
How does the EU membership affect parliamentary sovereignty
The leave campaign argued that sovereignty had been undermined by membership of the EU
The Remain campaign claimed that membership confers a level of pooled sovereignty
As such, membership enabled the Uk to gain a number of political and economic benefits from membership
80
Outline Executive dominance
The obvious starting-point is the dominance of the executive branch.
The Prime Minister is able to govern via the Cabinet based upon patronage.
He/she can also address the nation directly via the media.
81
How has the power shifted to the judicial
It could also be argued that power has shifted towards the judicial branch
Since the Human Rights Act, the judiciary can rule that proposed legislation is incompatible with the European convention on Human Rights.
The Supreme Court can also rule that decisions taken by members of the legislature (and executive) have exceeded their powers.
82
Outline the process of devolution
The process of devolution may have also transferred political sovereignty away from Westminsiter
Devolved institutions have retained (and even increased) their powers
It is not inconceivable that devolution may in time lead to the break-up of the Uk
83
How did the Eu cause a loss of sovereignty
Membership of the European Union may have undermines national sovereignty
In a literal sense, sovereignty was lost ot supranational institutions
For instance, the Court of Justice of the EU imposes fines upon member states
84
What are the counter arguments to loss of sovereignty in the EU
Firstly, membership of the EU is based upon the concept of pooled sovereignty.
Parliament always retained sovereignty because of opt-outs.
The executive governs on the basis of retaining the confidence of Parliament.
Finally, any powers held by the judiciary and the devolved bodies can be taken away at any time.
85
Is parliament sovereign
Parliament still retains legal sovereignty
The most important element of the uncodified constitution remains that of statute law
For instance, the Westminster Parliament can also close (or create) a devolved body
It also grants them powers but can claim back those powers if necessary
86
What is the relationship between parliament and the judiciary
Parliament can amend or repeal any law it wishes at any times
For instance, it could scrap the Human Rights Act and the Constitutional Reform Act
Parliament can also ignore the European Convention of Human Rights via a derogation order during a time a national emergency
87
The relationship between parliamentary sovereignty and referendums
Parliamentary sovereignty is also retained during a referendum
This is because there is no obligation for parliament to respect the result
Parliamentary sovereignty was also underlined by the Supreme Court ruling on Article 50
88
Define political sovereignty
From the opposing side, the authority of Parliament rests upon political sovereignty
Sovereignty ultimately rests with the people because MPs are elected by the people
Secondly, real power lies with the executive
Parliament has also transferred its powers to devolved assemblies (and has not taken them back
89
Where is sovereignty located?
Parliament can make, amend and repeal any law it wishes.
Parliament is the only body that can make law that applies to the whole of the UK.
Parliamentary sovereignty lies at the centre of the UK’s constitution.
No other legislative body in Britain could overrule, or change, statute law.
However, there is a debate as to where sovereignty now lies within the United Kingdom.
90
What is the relationship between the EU and sovereignty
Eu directives and laws take precedence over parliamentary legislation
Furthermore, a great deal of our legislation used to be influenced by the need to ensure harmonisation within the rest of the EU
However, in a de jure sense parliament remain sovereign
91
What is the relationship between referendums and sovereignty
Holding a referendum arguably takes sovereignty away from Parliament.
However, parliament could simply ignore the result.
As such, referendums do not undermine the sovereignty of Parliament.
Moreover, parliament could simply pass a law that overrides a decision taken on the basis of a plebiscite.
Parliament could also hold another referendum.
92
The relationship between the legislature and referendums
Most laws are initiated not by parliament, but by the government
This is relatively straight-forward for a party with a massive majority
However, the government can at times face rebellion from its own MPs
93
Outline how pressure groups and the media may affect sovereignty
Pressure groups and the media can frustrate attempts to implement legal measures
For instance, governments of both parties have been reluctant to restrict the activities of the press due to the Murdoch press
It should however be noted that it is politicians that make decisions- not pressure groups or the media
94
Outline political sovereignty during a general election
Political sovereignty could be said to reside with the people on the day of an election
Having said this, parliament remains the sovereign law- making body
Even in the case of devolution Parliament can still
95
Outline judicial neutrality
Judicial neutrality is maintained by three factors;
A judge must avoid any political or personal bias
A judge must not benefit personally from the case
Decisions must be taken on a fair, and impartial, basis
96
How is impartiality maintained?
Judges are not expected to take an active role in party politics
Judges are prevented from contributing to debates on controversial issues
Controversial judicial decisions can be challenged by the rules of appeal
A judge must interpret the law, rather than be swayed by his/her opinions
Their actions are scrutinised by the media, pressure group, etc
Senior judges can only be removed for serious misconduct, not on the basis of their political stance
97
How is judicial independence upheld
Judicial independence is upheld by 6 factors;
Judges enjoy security of tenure and cannot be dismissed by the government
They are paid a guaranteed salary ( as opposed to being bribed)
Members are appointed by an independence body on the basis of merit rather than political beliefs
The government does not train judges and thereby cannot exert political influence on them
Politicians are prevented from speaking out whilst a case is in session
The judiciary is detached from the other two branches of government due to changes made via the Constitutional Reform Act (CRA) of 2005
98
Are judges really impartial
The judiciary has become more ‘liberal’ in recent years, which has to some degree affected their stance on cases countering terrorism and asylum (e.g. Treasury v Ahmed (2010))
Political consideration might affect the position taken by a judge. For example in the Pinochet case (1999) Lord Hoffman had links to Amnesty International
The social background of judges might affect their judgement (e.g. judges have been accused of dealing with certain groups in a negative way, such as animal rights protestors and trade unionists
99
Examples of judge public led cases
Macpherson Inquiry of 1999,
Hutton Inquiry of 2003, Leveson Inquiry of 2012
100
Outline of Article 50
Initially, the executive (Theresa May) branch] believed that it could initiate Article 50 without consulting parliament and this was based on the convention of royal prerogative
This was ruled unjust and Miller raise the issue reminding us of the importance of parliamentary sovereignty
101
What undermines independence
The government retains some level of influence over the judicial branch via the Justice Ministry
Despite the sub judice rule, there is an increasing tendency amongst politicians to openly criticise judges and judicial decisions
The Sentencing COuncil sets sentencing guidelines that judges must follow
The PM has the final veto over appointments made by the JAC
102
Outline Article 6
The importance of judicial independence asserted by Article 6 of the European Convention on Human Rights
No-one would deny that the Uk has a degree of judicial independence
… especially when compared to an autocratic country such as Russia
103
Compare the powers in the UK and the Us
Separation of powers
Where each branch of government i independent from all others
The US has a separation of powers
Strengthens the notion of judicial independence
Fusion of powers
Where the various branches of government are connected together
The uk has more of a fusion of powers than the US
This undermines the extent to which the judiciary can be said to be independent
104
How are judges nominates and removed
The US- Must go through a politicised nomination process
Can be removed via a process of impeachment
The Uk -Appointed by an independent body
105
Outline Dictatorship
In the Uk, power is concentrated into the hands of the executive branch
The government itself is formed from the party with the majority of seats in the Commons
The power of the executive is further enhanced by a tradition of strong party discipline
106
Outline party discipline
Those elected on a party label have a strong compulsion to adopt the party line
The existence of party whips further strengthens the ability of the executive to influence MPs
Backbench, MPS also have an incentive to support the government due to the chance of promotion
107
What are the dependent factors which affect the relations between the branches
The extent to which the executive can exert influence over the legislative branch is dependent upon the size of the majority
Another related point to consider is the relative unity of the governing party
108
Outline the European Union view on institutions
The European Union is an`` organisation that has intergovernmental and supranational institutions
Intergovernmental institutions enable member states to reach a compromise
The latter consists of certain institutions acting above that of the member state
109
Outline National sovereignty
When a decision is based upon the existence of a national veto, the sovereignty of the member state has been retained
However, if a decision is reached upon the basis of QMV (Qualified Majority Voting then the ember state can be outvoted)
This will mean that a decision or action will be taken without the consent of the member state concerned
110
Outline supernational institutions
Those institutions that exist above the member state are able to make decision (and reach a judgement) regardless of the national interest
For instance, the Court of Justice could rule that the UK government was in breach of laws and directives passed by the EU
In regards to a supranational institution, a member state has surrendered a degree of sovereignty
111
Describe how the union has become closer
Since the late- 1950s, the process of integration sought to deepen relations between the various member states
Over time, the organisation expanded to incorporate most countries within Western, Southern and Central Europe
From the outset, the European Union was committed to ‘an ever closer union’
112
What are the four freedoms
According to the principle behind the four freedoms, the European Union enables the free movement of goods, services, capital and labour
Those who favour a federal Europe sought to establish a single (or internal) market
This was based upon both economic and political factors
113
Outline the freedom of movement within the EU
Eu citizens are to move towards other member states in order to seek employment opportunities
This lead to a major influx of migrants from relatively poorer countries form the East towards weather economies
The increase in immigration was undoubtedly a factor in the Uk’s decision to leave
114
Outline the location of sovereignty
Sovereignty can be defined as the right (or authority) to governor
The concept of parliamentary sovereignty is central towards the UK’s constitution
There is a debate over the exact location of sovereignty within a political system
115
Outline the theory of legal and political sovereignty
Legal sovereignty consists of that person or body persons who have legal power
It is sometimes called de jure sovereignty
Political sovereignty consists of the person or body of persons who have power
This is sometimes called de facto sovereignty
116
Define De facto
It is the sovereignty a state actually has in reality
117
Define a De jure
It is the sovereignty a state should have (usually legally speaking)
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How does power and authority effect the UK political system
The distinction between the two reflects the complexity of sovereignty and its location
In theory, the Westminster Parliament is sovereign
However, in a political sense power and authority is more diffuse
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What challenges are there to sovereignty
Parliamentary sovereignty has come under threat from above (as power shifts from the nation-state towards MNCs and supranational institutions)
… and below (the gradual increase in powers to the devolved bodies)
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How does someone get membership to the EU
In terms of sovereignty, the main issue to consider is former membership of the EU
The leave campaign argued that our political sovereignty had been undermined by membership of the European Union
Their slogan ‘Take back control’ was based upon a literal definition of sovereignty
