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27 Cards in this Set
- Front
- Back
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Membership of the court |
. There are 12 senior judges . All Supreme Court judges have logn and extensive experience of sitting on cases from any part of the UK . The head of the court is the president of the Supreme Court . The judges are appointed by an independent panel of the country's senior legal figures |
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Role of the Supreme Court |
. The Supreme Court itself has a narrower but more important role than the lower courts . It is the final court of appeal for all civil cases in the UK and criminal cases from England, Wales and Northern Ireland - It may hear constitutional law cases, as well as both criminal and civil law cases . It hears appeals on arguable points of law of general public importance - This means it clarifies the meaning and sapplication of law which may not be clear from the wording of the law . It concentrates on cases of the greatest public and constitutional importance . It maintains and develops the role of the highest court in the UK as a leader in the common law world - Essentially this means it is the leading interpreter of common law |
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Judicial neutrality |
. The neutrality of the whole judiciary, including the Supreme Court, is a key principle implying that: . Judges should show no political bias . Judges should not show any bias in favour of, or against, any section of society . Judges should base their judgments purely on the principles of law and justice and not on the basis of their own prejudices . As judges have security of tenure they cannot be dismissed on the basis of their judgments - However, the neutrality of the judiciary can be reinforced bythe process of appointment of new judges |
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Judicial independence |
. Judicial independence is a key principle of democracy due to: . Judges need to be able to enforce the rule of law (equality under the law) without any external pressure . Judges hear cases of political importance involving the government itself, so they must not be subject to pressure from government if they are to give a neutral judgement . Judges must be able to protect the rights of citizens without fear of retribution if they defy government wishes . The judiciary is, in some cases, a key check on executive power |
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How judicial independence is upheld |
. Judges are appointed for life, so they cannot be dismissed if the govenrment disagrees with their judgements . Jydges cannot have their incomes threatened if they make decisions against government wishes . Judges are appointed by a commission which is independent of government . It is the duty of government to protect judges from external pressure, e.g. from the media |
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Influence of the Supreme Court on govenrment and Parliament 1 |
. The Supreme Court and the rest of the judiciary have various ways of controlling the power of both the UK Parliament and the government . In doing so, they are preventing abuses of power and asserting the rights of citizens against the state . The methods they use can include: . The Courts enforce the European Convention on Human Rights when interpreting executive actions and in cases of judicial review . The courts cannot set aside a piece of parliamentary legislation, but they can declare that a law is incompatibe with the European Convention, which puts pressure on government to amend the law accordingly |
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Influence of the Supreme Court on government and Parliament 2 |
. Similarly, the courts impose common law, often when asserting the rights of citizens . The courts impose the rule of law, ensuring that all citizens are treated equallu - This usually occurs as a result of judicial review . In cases of ultra vires the courts decide whether a public body has exeeded its legal powers - This is also the case when judges rule that the govenrment has exceeded its constitutional powers . Public inquiries by judges can be very persuasive in forcing government to take certain actions |
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Ultra vires and judicial review |
. The term ultra vires has the following meaning and implications: . It literally means 'beyond the powers' . Its value is to prevent public bodies from acting unlawfully . It is a common subject of judicial review . Citizens and organisations may appeal against a decision by a public body on grounds that it was acting outside the pwoers granted to it by law . The remedy, if a case is proved, is often the cancellation of the decision and sometimes compensation . Ultra vires can apply to unwritten common law when a public bodu acts beyond what is 'commonly agreed' to be its common law powers - Schools and hospitals would be typical examples |
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Influence and effectiveness of the UK Parliament 1 |
. Although the common belief is that the executive dominates Parliament in the UK, Westminster does have some sway and there are some circumstances where Parliament exercises control- These include the following: . Parliament has the reserve power to dismiss a government in a vote of no confidence . Parliament also has the reserve power to veto government legislation . The House of Lords can delay legislation for a year . The Commons can amend legislation . The House of Lords can also amend legislation, though its decisions can be reversed in the House of Commons . Small groups of dissident MPs on the government side can thwart government proposals |
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Influence and effectveness of the UK Parliament 2 |
. If the government enjoys a small parliamentary majority or no majority at all, it is highly vullnerable to rebellions and obstruction . The departmental select committees have become increasingly effective in calling government to account . Similarly, the Public Accounts Committee has become highly influential . When the govenrment allows a free vote, MPs or peers may vote according to their beliefs rather than party allegiance - This occurred over military intervention in Syria and has been used several times to debate foxhunting . Ministers are obliged to present themselves before Parliament reuglarly to account for their decisions and policies |
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Executive dominance of the UK Parliament 1 |
. There are a number of ways in which the executive can control Parliament and a number of structural weaknesses which Parliament has to accept: . It is often said that the govenrment is an elective dictatorship - referring to a belief that the government has so much power in relation to Parliament that it can be described as a dictatorship; this view is regarded as something of an exaggeration today . Usually, htought not always, the government enjoys the support of the majority of MPs in the House of Commons - it can expect to win virtuall every critical vote . The patronage of the prime minister demands the loyaty of most of their party's MPs |
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Executive dominance of the UK Palriament 2 |
. The government controls the legislative process and can block most amendments from the floors of the Commons and Lords . Collective responsibility means the government presents a united front to Parliament . The House of Lords lacks democratic legitimacy . The House of Lords can delay but cannot veto legislation . The Salisbury Doctrine means that the Lords cannot block legislation for which the government has an electoral mandate . Ministers are backed by a huge army of civil servants and advisers while MPs and peers lack such back-up |
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Factors in the growing influence of Parliament |
. Since 2010, governments in the UK have lacked a decisive parliamentary majority . Parliament is achieving considerable influence over foreign and military policy - Control over Syria policy is a good example . Select committees are increasingly influential and have come under greater backbench control - They have forced govenrment to reconsider such issues as back regulation, attacking tax avoidance and evasion and procurement of equipment for the armed forces . The Liaison Committee calls the prime minister increasingly to account - It is a more effective method than Prime Minister's Questions every week . There were no decisive majorities for govenrment between 2010 and 2017 . The House of Lords has become increasingly proactive and obstructive - This is especially true when opposition in the Commons is weak, as occurred after 2015 |
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Factors that retain executive power |
. When the government is fragile, tis supporters tneds to be more disciplined to keep themselves in power . Governments still normally enjoy a Commons majority, after a brief pause in 2010-15 . The government still relies on a large 'payroll vote' where all ministers, numbering more than 100, are bound by collective responsibility . Government still controls the legislative programme and the public bill committees which propose amendments . Prime ministerial patronage still creates loyalty among the government's own MPs . Government still has a huge advantage in resources (advice and research) over Members of Parliament |
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The nature of the European Union - Customs union |
. It is a customs union . This means that there are no tariffs (import taxes) on any goods and services being traded between member states . It also means that member states cannot have separate trade agreements with countries outside the EU - All external trade agreements are common to all members |
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Free market |
. It is a free market . This means there cna be no barrier to the free movement of goods, services, finance, labour or people between member states . Citizens of a memmber state are also citizens of the European Union and can lvie wherever they wish within the Union and, broadly speaking, enjoy common citizenship rights |
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Partial political union |
. It is a partial political union . There are laws made by the institutions of the European Union which apply throughout the Union . These mostly relate to trade, consumer protection, development and agricultural subsidies, employment rights and production regulations . These laws ensure that all members compete on a level playing field using the same laws . It also means that the EU collects revenure from members and distributes it in the form of development aid, largely for agricultural and infrastructure development in poorer parts of the EU |
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Monetary union |
. Some but not all member states are part of a monetary union . This means they use the same currency, the euro |
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Based on four freedoms |
. Free movement of people within the EU . Free movement of labour within the EU . Free movemnt of capital (finance) within the EU . Free movemtn of goods and services within the EU |
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Areas of EU policy that will come under scrutiny after Brexit |
. Employment rights currently made under the Social Chapter - the UK government must decide which such rights to retain and which to abandon . Immigration policy from outside the EU - will the UK make stricter rules than those demanded by the EU? . The Common Agricultural Policy uses a range of subsidies and regulations to control argicultural development - The principal question is whether the UK government will retian the subsidies and regulations . The Common Fisheries Policy is a series of regulations over fishing designed to conserve fish stocks and to ensure equal access to fishing among member states - AFter leaving the EU, the UK govenrment must decide how ti will protect fishing and fish stocks in the national interest |
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Constitutional impact of the UK leaving the EU |
. The UK will regain all its national and legal soverreignty . The European Court of Justice will no longer have any jurisdiction in the UK and will cease to be the highest court of appeal on EU matters . There will be, for some time, a conflict over who should approve any future agreements with the EU - should it be the UK Parliament, the elected government or the people (in a referendum)? . There may be constitutional implications for Scotland in particular - There remains a constitutional question whether the devolved Scottish govenrment could have a different agreement with the EU than the rest of the UK . There is a problem in Northern Ireland concernign relaitons with the Republic of Ireland - If there is a closed border after the UK leaves the EU, it will cause problems over sovereignty on the island of Ireland |
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Political impact of the UK leaving the EU |
. There is a new political conflict concerning whether the UK shoudl remain within the European single market . There is continuing conflict over whether there should be free movement of labour into and out f the UK - This conflcit is both within and between parties . Immigration will prbably remain a key political issue for many years to come . There may be an increasing divide between Scotland and the rest of the UK over relations with Europe . It may well see a dominant prime minister in Theresa May as she will be largely responsible for negotiating with the EU . UK government and Parliament will, for many years potentially, should be retained and transferred into UK law - The main areas for consideration are liekly to be employment rights, fisheries polciy and agricultural subsidies |
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Legal sovereignty |
. Legal sovereignty means: . Ultimate legal power . No other body or institution can overrule Parliament, which has legal sovereignty . Legal sovereignty is fixed in one place unless the constitution is amended in some way to move it . The courts will enforce only laws passed by the uK Parliament and will uphold only power granted bu the UK Parliament |
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Political sovereignty |
. Refers to where power lies in reality - although we kknow the UK Parliament is legally sovereign, we have to understnad that real power may lie elsewhere . May move according to changing circumstances . Is power which is not entrenched but which will be difficult to move to other bodies |
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The Changing location of sovereignty in the UK 1 |
. Legal sovereignty lies with the UK Parliament . While the UK was a member of the EU, some legal sovereignty was delegated to the EU . Although this appears to be a change in legal sovereignty, ultimately parliamentary sovereignty was nto lost permanently because the UK had the option to leave the EU and restore all sovereignty - This is what happened . Poltiical sovereignty has moved to the devolved administrations |
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The changing location of sovereignty in the UK 2 |
. Some of the political sovereignty of the executive is shifting towards the UK Parliament - This is particularly true in the areas of foreign interventions and negotiation of foreign treaties . The increasing use of referendums has transferred political sovereignty to the people . The prime minister has lost contorl over the date of general elections under the Fixed-term Parliaments Act . The Human Rights Act shifted contorl over the enforcement of rights from the UK Parliament to the Supreme Court |
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Where sovereignty now lies in the UK |
. The location of political sovereignty depends on the circumstances: . In a referendum the people are sovereign even though, technically, the result of a referendum is not binding on Parliament . At a general election the people are sovereign because they determine who shall exercise power for five years and to whom they are willign to grant a mandate . For issues which are part of the government's electoral mandate, ti can be said the govenrment is sovereign because it has popular cosnent for what it is doing . With devolved issues, the devolved administrations are effectively sovereign as it is unthinkable that they would be overruled by the UK Parliament . When implementing the European Convention on Human Rights, the Supreme Court becomes sovereign |
