UK Relations Between Branches

Question 1

Which act established the Supreme Court and in what year was it passed?

Answer 1

Constitutional Reform Act 2005

Question 2

What year was the Supreme Court opened?

Answer 2

2009

Question 3

What are the 4 stages in the UK’s court hierarchy (bottom to top)?

Answer 3

1. Magistrates’ courts / county courts
2. Crown courts / high courts
3. Courts of Appeal
4. Supreme Court

Question 4

How many justices are on the UK Supreme Court?

Answer 4

12

Question 5

Who makes appointments to the Supreme Court?

Answer 5

An independent selection committee

Question 6

What is judicial neutrality?

Answer 6

The absence of partisanship or politically biased judgements

Question 7

What is judicial independence?

Answer 7

The principle that the actions and decision of judges should not be influenced by pressure from other branches of government

Question 8

How is judicial independence ensured (4 ways)?

Answer 8

1. Judges chosen by an independent commission
2. Once appointed, judges cannot be sacked unless they break the law
3. Judges’ pay decided by independent pay review body
4. Supreme Court is separate from government and parliament

Question 9

Why might sovereignty lie with the government? (2 ways)

Answer 9

1. Government majorities often render Commons redundant
2. Prime Minister has royal prerogative powers

Question 10

Why might sovereignty lie with parliament? (5 ways)

Answer 10

1. Minority governments require support from parliament
2. Parliament has the power to abolish the supreme court and laws cannot be struck down by it
3. Parliament has power over devolved bodies
4. Statute law outranks all other UK laws
5. Referendums are not technically binding

Question 11

Why might sovereignty lie with the supreme court? (2 ways)

Answer 11

1. SC can challenge parliamentary legislation and strike down secondary and devolved body legislation
2. Ignoring SC decision can mount political pressure

Question 12

Why might sovereignty lie with the people? (2 ways)

Answer 12

1. Increased use of referendums
2. Political sovereignty lies with the people (elections, petitions, etc)

Question 13

Which arguments suggest that parliament has power over the government? (7)

Answer 13

1. Parliament can defeat the government by voting against legislation
2. Increased willingness of the Lords to challenge government bills
3. Select committees scrutinise government policy in depth
4. Lords delay power can be effective
5. 20 opposition days each year
6. Vote of no confidence
7. Parliament now has the authority to authorise military action

Question 14

Which argument suggest that the government has power over parliament? (6)

Answer 14

1. Defeat in the Commons is very rare (Blair did not lose a vote for 8 years)
2. Party whips and party line prevent MP rebellions
3. Lords can only delay legislation for 1 year
4. The Backbench Business Committee receives little attention
5. There has been no vote of no confidence since 1979
6. The government has significant power under secondary legislation

Question 15

Which argument suggest that the supreme court has power over the government? (3)

Answer 15

1. Declarations of incompatibility put pressure on the government to act
2. Increasing judicial activism
3. Court’s independence makes it difficult to control