relations between branches

• what are the twin pillars of the constitution?


  parliamentary sovereignty and the rule of law
• parliamentary sovereignty - no person or group can overrule an act of parliament. this, in theory, gives supreme power to the westminster parliament. however, parliament must accept popular sovereignty and govern with the consent of the people. most mps did not support brexit but voted to trigger article 50 following the 2016 referendum. (similarly, the referendums for the scottish parliament and other assemblies make it impossible for these to be established without the people's consent.)
• in recent years, there has been changes in the balance of power between parliament and the executive. governments seek to dominate parliament to get their way, and parliament seeks to maintain/claim powers so it can scrutinise the work of government.
• the rule of law- everyone is equal under the law and required to obey i, including government ministers. this means that courts can interpret the law and decide whether ministers and government departments have acted lawfully. this can lead to disagreements about how far government powers can be taken and whether controversial issues are political or legal matters.
• the miller case 2017- establishing that parliament must consent to the triggering of article 50
• the miller case 2019- establishing that the executive cannot prorogue parliament to avoid parliamentary scrutiny
• the 2022 SC ruling- that independence referendums are a reserved matter
• the rwanda policy has been ruled unlawful and the government is passing legislation to get around this
• supreme court- set up in 2005 to be the highest court of appeal in the uk, and to hear cases of public importance where there are arguable points of law, it replaced the law lords in the hol.
• judicial neutrality and judicial independence- the principle that judges should not be politically active or motivated and must reach decisions on law alone. their decisions should not be influenced by pressure from the executive/parliament
• judicial review- the review of the action of ministers and government officials to ensure they conform to law. ministerial decisions and action can be declared ultra vires meaning they are acting beyond their powers
• declaration of incompatibility- this can be issued if the SC believes an act of parliament conflicts with the human rights act, this puts significant political pressure on parliament to reconsider the law
• elective dictatorship- concern that parliamentary sovereignty gives too much power to the government with a majority in the house of commons, potentially threatening citizens' rights
• legal sovereignty- the absolute right for every parliament to enact whatever legislation it chooses and which cannot be overridden by any other body
• political sovereignty- the sovereignty exercised by the public, the legislature and executive depend on the consent of the public to govern
• for criminal cases, supreme court is the final court of appeal just for england, wales and northern ireland (scotland has a seperate criminal law)
• a good example of the supreme court acting as a final court of appeal for a civil case can be seen in it's role on cases concerning boris johnson's proroguing of parliament in 2019. the case was appealed to the supreme court by gina miller, the supreme court decided it was unlawful and boris subsequently recalled parliament
• the constitutional act 2005- introduced a new supreme court for the whole of the UK. this replaced the law lords as the highest court
• the intial supreme court justices had been the law lords, they can return to seats in the hol when they retire. newly appointed justices do not have a seat in the hol. baroness hale was the president of the supreme court (2017-2019) during the gina miller cases. the current president of the supreme court was appointed at the start of 2020 (lord reed)
• nature of the supreme court -

  • judges cannot be members of a political party
  • an independence body sets their salaries (not parliament)
  • can only be removed by consent of both houses of parliament = dont need to fear offending the government
  • judicial appointments commission (JAC) works with senior judges to appoint new members
  • the JAC is made up of senior legal figures and members of the public from other areas of life = not nominated by politicans as in the usa
• selection of senior judges -

  • at least 15 years of prior experience
  • consultation process
  • applicants from all backgrounds
  • lord chancellor accepts recommendations
• the judges of the supreme court are known as 'justices of the supreme court'. the initial 12 justices had been the existing law lords.