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Relations between the branches - Coggle Diagram
Relations between the branches
Judicial neutrality
Judges can't be members of political parties
Independence: under the CRA (2005), Justice Secretary Alex Chalk has a ‘duty to uphold’ independence
Independence: salaries, security of tenure (Act of Settlement 1701), appointment process (selection commission, includes members of the JAC)
Independence: ministers should not seek to influence judges (sub judice)
Independence: ‘lefty lawyers’ (Braverman), Rwanda bill (Sunak).
The Supreme Court and its interactions with, and influence over, the legislative and policy-making process
It was established in 2009 mainly due to judicial review, conflict of interest and separation of powers
12 justices, highest court of appeal, president; lord reed
Determines location of sovereignty in UK
Neutrality: 11/12 oxbridge educated, only two women, all are white. Lord Hoffman: Hoffman got involved in a case involving a company he had given advice to and his wife was already involved in so he should have stepped back from doing it but due to not doing that the court case had to be done again.
Judicial Independence cases
Independent - Miller 1 (2017) Article 50: ruled that the British government could not trigger Article 50 to start the UK's withdrawal from the EU using its royal prerogative powers alone.
Independent - Miller 2 (2019) progoration: Boris Johnson's advice to Queen Elizabeth II to prorogue (suspend) Parliament for five weeks was unlawful.
Independent - Safety of Rwanda Bill (2024): Supreme court rules rwanda as unsafe
Not independent - Gender Recognition Scotland (2023): The bill, passed by the Scottish Parliament in December 2022, aimed to reform the process for legal gender recognition by, among other changes, lowering the age requirement to 16 and removing the need for medical evidence.
Not independent - Indyref 2 (2022): Sturgeon outlined a "route map" to holding a second referendum, proposing a vote for October 2023. To ensure its legality, she referred the matter to the UK Supreme Court. Supreme court rejected the argument that such a vote would be merely "advisory," stating that its constitutional significance meant it required approval from Westminster.
Supreme court influence
The court cannot strike down primary legislation (unlike SCOTUS)
However, the court can determine the meaning of law (for example R v Jogee (2016) joint enterprise
The court can decide a body acted ultra vires (legal aid restrictions 2016)
The court determines the location of sovereignty (Miller 1)
The government will respect declarations of incompatibility (Belmarsh 9).
The relationship between the Executive and Parliament
powers are fused in the UK system parliamentary sovereignty means the executive is accountable to the legislature
Executive dominance: control of parliamentary timetable
Executive dominance: large majority and party discipline means the executive should never be defeated (synoptic link: mandate)
Executive dominance: the use of SI’s limits scrutiny of executive actions.
Executive dominance/subservience
Power of patronage, Royal prerogative, Salisbury cnvention
Mr Blair’s 1997 mandate gave him a majority of 179; the Coalition government had 363 MPs; the Johnson government of 2019 had an 80 seat majority, and 365 MPs.
Labour minority government of 1976-79 and Mrs May’s minority government of 2017-19 show strong parliamentary influence.
Increasing role for Parliament
the Backbench Business Committee, and the election of select committee chairs
Implementing the Wright reforms from 2010 gave parliament more power
The PAC is powerful, as is the Liaison Committee (despite the Johnson reforms)
Allowing a free vote on military action in 2003, and the rejection of bombing in 2013 saw parliamentary power
House of Lords has become increasingly assertive (eg Rwanda; Police, Crime, Courts and Sentencing Act 2022).
The aims, role and impact of the European Union on the UK government
The Four Freedoms (goods, services, capital, and people) have been built into the EEC/EU since the Treaty of Rome (1957)
Additionally, the EEC/EU has always had the political aim of ‘ever closer union’
If we take the main aim of the European Coal and Steel Community/EEC/EU as maintaining peace then the EU has achieved its main aim.
Other aims
Monetary & economic union: 19 countries are in the Eurozone, and all accession countries must join; ECB
Social unity: the Social Chapter of the Maastricht Treaty (1992) guarantees health and safety, and parental leave
Protection of rights: all EU countries must sign the ECHR; the Charter of Fundamental Rights became law in 2009
Political union: increasing role for Commission President; expansion
Common foreign and defence policy: EU increasingly talks with one voice, for example Ukraine crisis 2022-24; migrant crises.
EU role in policymaking/Impact
Although we’ve left the EU, those that want to trade with the EU must adhere to their standards
EU policy on migration, the environment, and other transnational issues affects the UK
Membership of the EU boosted the UK’s economy; Bloomberg estimates the cost of leaving at £100bn annually; the ONS say it has reduced UK GDP by 4%
Policy one: The Common Fisheries Policy was a Brexit-driver (Factortame)
Policy two: The Social Chapter introduced the Working Time Directive, and paid holiday.
The location of sovereignty in the UK political system
Political sovereignty: sovereignty in practice
Legal sovereignty: sovereignty in theory
Factortame (allegedly) reduced legal sovereignty. Leaving the EU (allegedly) returned this to the UK
Referendums undermine parliamentary sovereignty
A strong executive undermines parliamentary sovereignty
Devolution could undermine political sovereignty, impacting parliament
The Royal Prerogative power of war-making partially returned to the executive in 2018.
Sovereignty
International treaties undermine sovereignty (eg ECHR)
Globalised institutions like the International Criminal Court and NATO undermine sovereignty
Globalisation restricts political sovereignty (Suez)
Parliamentary sovereignty suggests we could repeal all these
Parliament has regained sovereignty in recent years (Section 35).