UNIT 4 RELATIONS BETWEEN BRANCHES

Question 1

The role and composition of the supreme court:

Answer 1

• Final court of appeal for all cases in the UK.
• Created by the Constitutional Reform Act 2005, ensuring judicial independence.
• Composed of 12 of the UK’s most senior judges.
• Appointments made by an independent Selection Commission.
• Only hears cases already decided in lower courts.
• Most cases are decided by a panel of 5 judges, with decisions based on a majority vote.

• The SC can rule that Parliament has acted beyond its legal powers (ultra vires).
• Can issue a declaration of incompatibility if a law violates the European Convention on Human Rights (ECHR).

• Belmarsh Case (2004) – SC ruled that detaining foreign nationals without trial (due to suspected terrorism) violated HRA 1998.
• Rwanda Bill Case (2023) – SC ruled the UK-Rwanda asylum policy unlawful, as it violated HRA and international refugee law.
• Schindler v Duchy of Lancaster (2016) – SC upheld the 15-year rule, barring UK nationals who had lived abroad for over 15 years from voting in the EU referendum. Ruling based on rule of law and non-discrimination principles.

Judicial neutrality
The principle that judges should hear each case without favour of any political party or ideology, instead applying the law fairly
Judicial independence
The principle that the judiciary should be free from influence from other branches of the state; the government and legislature should not influence judicial decisions, to ensure the separation of powers
Judicial review
The process by which the judiciary may review decisions made by the Executive or the legislature, declaring them to be unlawful if necessary.

Question 2

relationship between parliament and the executive

govt majority

Answer 2

arguments for:
- parlis with strong majority govts, , 1997(179 maj), 2001(166),1997 labour won with a majority of 179, the conservatives lost big only had 165 however their minority may have had little influence because of the divide as a result fo the EU debate. , govt majority size doesnt necessarily dictate success, thatcher in 1979 had a majority of 44 yet was very successful- falklands war, had a split opposition meaning that they couldnt rally against her governing party.
- examples against this: 2010: no overall majority, 2015, cons have a majority of 12. 1992, elected with a 21 seat majority. Small majorities doesnt mean being dominated entirely by parliament:

Question 3

relationship between parliament and the executive

Legislative dominance

Answer 3

Vote of no confidence
Theresa may vote of no confidence, fails, however cabinet resigns and she is ultimately forced toresign. Boris johnson and other members of her parliament resigned because of her brexit plan.
Boris johnsons vote of no confidence, and the fiasco of his follow up PMs, the conservatives lost a lot of power and had an abissmal failure in the 2024 election (losing 251 seats)
Vote against legislation
- 2019, theresay may had brexit vote- 230 majority against her plan. SUCCESS. however, this may instead be seen more so as a result of a bank bench rebellion rather then parliament holding power.

• Backbench Business Committee/Opposition Days
• upskirting bill
• 2009 david cameron made gordan brown look bad by questioning his policy around economics(post 2008 financial crash)
• however,
  Select committees and Liaison committee
  Conventions e.g. military interventions
  Questions (PMQs, debates, Urgent Qs, Ministers Qs)
  The role of the House of Lords: