Relations between institutions

• The judiciary


  • One of the 3 branches of government
  • Officials are concerned with the dispensation of justice
  • Judges are involved directly with law making and politics
  • Institutions also have political roles that often overlap with their legal role
• Political role


  • Dispensing justice
  • Interpretation
  • Creating case law
  • Declaring common law
  • Judicial review
  • Public inquirers
  • External jurisdiction
  • Sentencing issues
• Fusion of powers


  Judiciary is separate, branches share responsibility, certain roles can sit in multiple branches
• Supreme Court


  Highest court of appeal, opened in 2009
• Judicial Appointments Commission


  Independent body established by Constitutional Reform Act which selects candidates for judicial office in courts and tribunals
• Judicial neutrality


  Principle that the judiciary is completely neutral and there should be no political view or biases
• Judicial independence


  Principle that the judiciary should be separate from the other branches, should be free from outside political influence
• Arguments for a Supreme Court

  • Removed lord chancellor - ended fusion of powers
  • Removed member of executive from direct control of judicial appointments
  • Judicial review is important as judges be free to fight against government
• Arguments against a Supreme Court


  • People appointed to Supreme Court get approved by PM
  • Lord chancellor's post has been dissolved
  • Home secretary and home office still have control of criminal law proceedings
• the impact the SC has had

  things have changed

  • law lords no longer in the HoL’s
  • replaced higher court of appeal
  • highest court of appeal
  • removed lord chancellor
  • public access to cases and proceedings
• the impact the SC has had

  things have not changed

  • laws and legal procedures are unchanged
  • parliamentary sovereignty and EU law used to supersede the UK law
  • same role with interpreting law
  • judicial neutrality
  •  public opinion 
• influence of the Supreme Court on the executive and parlaiment

  • interpret the HRA 1998
  • declare incompatibility with the ECHR
  • parliament will then be expected to modify the bill
• influence of SC on the executive and parliament

  However,

  • parliamentary sovereignty means the Supreme Court can not strike down legislation
  • court can inquire whether ministers act ‘ultra vires’
• Executive more powerful than parliament:

  • gov is rarely removed from office permanently
  • electoral system
  • party loyalty
  • prime ministerial patronage
  • prime ministerial power
  • lack of lords power
  • gov is able to carry out all manifesto pledges with little obstruction
• parliament more powerful than executive:

  • lack of majority
  • no overall majority (confidence and supply deal)
  • gov may become dictatorial in nature which means legislation may go unscrutinised
  • gov lost confidence from public
• commons strength - Vote of no confidence

  A vote in the House of Commons that expresses lack of confidence in the government
• commons weakness - Government with strong majority

  Overpowers the House of Commons
• commons weakness - Party discipline

  Such as party whips
• commons weakness - MPs

  Have limited roles in legislation
• Lords' Strengths


  • Independent from party control
  • More effective tie to scrutinise gov
• Lords' Weaknesses


  • Power is limited by law
  • Can delay legislation
  • Lacks democratic legitimacy
  • Proposed amendments can be turned down by commons
• Parliamentary sovereignty still present

  • devolution - take away powers from devolved bodies
  • referendums - an attack on democracy
  •  HRA - wanting to replace with the British Bill of Rights
  • EU membership - uk gained influence over EU
• parliamentary sovereignty not present

  • unpopular to take devolved powers
  • referendums a threat on PS
  • ECHR had to be complied with
  • when in the eu the uk had to sacrifice some powers