MEC Relationships between branches Flashcards

Question

British Supreme Court remains independent paragraphs agree - neutrality

Answer 1

promise and accountability- 'without fear or favour, affection or ill will', Judicial oath * Supreme Court is live streamed so it is accessible to everyone ○ Creates accountability as they must explain their rulings highlighting the point of law that have affected them This was seen in the article 50 and prorogation cases, the court was tackling legal questions about the constitutional issues not about the pros and cons of the EU * Extensive process of legal training (senior judges usually work as barristers or junior judges for 20-30 years) is designed to enable judges to focus entirely on legal considerations Deputy President of the Supreme Court from 7 June 2018 and was originally appointed as a Justice on 6 February 2012. President Lord Reed served as a senior judge in Scotland for 13 years.

Answer 2

balance and diversity (women) Radmacher v Granatino [2010] German heiress, sought to enforce a German pre-nuptial agreement against her former husband, a French investment banker. 8-1 pre-nuptial agreement is binding Lady Hale dissented from the majority, raising concerns about the "gender dimension" of pre-nuptial agreements, arguing that they typically serve to "deny the economically weaker spouse" * November 9th- month before supreme article heard article 50 appeal, Lady Hale gave a speech to law students in Malaysia where she discussed outcomes ○ One question raised was is MPs would have to pass a 'comprehensive replacement' of the European Communities Act 1972

Answer 3

R (Nicklinson) v Ministry of Justice (2014) , legality of assisted suicide, ban on assisted suicide under the Suicide Act 1961 violated his right to private life under Article 8 of the ECHR, Supreme Court ruled against him, holding that changing the law was a matter for Parliament R (Begum) v Home Secretary (2021) Shamima Begum, who left the UK to join ISIS in Syria and was subsequently stripped of her British citizenship by the Home Secretary, Begum challenged the decision, arguing for her right to return to the UK to appeal the deprivation of her citizenship. The Supreme Court ruled that Begum could not return to the UK to pursue her appeal in person, prioritising national security and agreeing with Home Sec.

Answer 4

legislative role through precedent * R (on the application of GC) v The Commissioner of Police of the Metropolis (2011) ○ Almost acted as a legislative body - did not allow to keep fingerprints * November 9th- month before supreme article heard article 50 appeal, Lady Hale gave a speech to law students in Malaysia where she discussed outcomes ○ One question raised was is MPs would have to pass a 'comprehensive replacement' of the European Communities Act 1972 R (Steinfeld and Keidan) v Secretary of State for International Development [2018] - challenge by Rebecca Steinfeld and Charles Keidan, a heterosexual couple, against the UK government's policy that civil partnerships were only available to same-sex couples. - unanimously ruled that this policy was incompatible with the ECHR (article 14 discrimination) - prompting legislative changes by the government to extend civil partnerships to all couples

Answer 5

structurally yes * R Jackson v Attorney General case 2005- law lords had to resolve HoC v HoL dispute about if they could pass Hunting Act 2004 * Showed that the HoL could not be independent enough to deliberate on constitutional issues- CRA fixed this from 2009 onwards - Security of tenure- means that once they are appointed judges cannot be sacked, they remain in office until the retirement age of 70- Lady Hale- 75 in 2020 (age for appointed before 1995) remove a Lord emotion cannot be used to affect their decision making, can only be removed by an address of both Houses of Parliament, not happened since 1830

Answer 6

practically no? - growing willingness of ministers to publicly criticise the courts- make them political after Case: Miller II (Cherry/Miller) case The Supreme Court ruled Johnson’s prorogation of Parliament unlawful as it prevented parliament's constitutional role w/o justificaiton Boris Johnson has told MPs the Supreme Court was "wrong to pronounce on a political question - political media scrutiny of the courts - enemies of the people * the Sun Grouped justices according to their 'Europhile' status 2016 Daily Mail front page attacking three British High Court judges who ruled that the UK government needed Parliamentary approval to trigger Article 50, initiating Brexit.

Answer 7

- accountability - background and views vs becoming more diverse - activism

Answer 8

judicial review, impact of the HRA, activism vs restraint

Answer 9

- Judicial review - The impact of the Human Rights Act - The Supreme Court has become more “activist”

Answer 10

- limits power of executive branch- courts can declare actions of executive as ultra views or against HRA 2019 Conservative party manifesto to make sure judicial review was not 'abused' - R (UNISON) v Lord Chancellor [2017]- Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 was ruled ultra vires government then ceased collecting them and pledged to reimburse those already collected

Answer 11

- executive can easily navigate around due to parliamentary sovereignty and the lack of an entrenched constitution - R (AAA) v Secretary of State for the Home Department 2023- UK Supreme Court ruled the government's Rwanda asylum policy unlawful, agreeing with the Court of Appeal's decision, "non-refoulement", - Rishi Sunak negotiated a new treaty with Rwanda and amended UK laws in response to the ruling with the Rwanda Bill which passed in April 2024 after the Lords dropped their opposition. - HM Treasury v Mohammed Jabar Ahmed and others 2010- SC ordered that Terror Order to freeze assets of suspected terrorists based on a UN resolution was ultra vires - in response, government put emergency legislation in front of commons- passes as Terrorist Asset Freezing Act of 2010

Answer 12

R (Steinfeld and Keidan) v Secretary of State for International Development [2018] - challenge by Rebecca Steinfeld and Charles Keidan, a heterosexual couple, against the UK government's policy that civil partnerships were only available to same-sex couples. - unanimously ruled that this policy was incompatible with the ECHR (article 14 discrimination) - prompting legislative changes by the government to extend civil partnerships to all couples R (on the application of GC) v The Commissioner of Police of the Metropolis (2011) . The UK Supreme Court found that the blanket policy of retaining biometric data indefinitely was disproportionate and violated Article 8 of ECHR

Answer 13

R (Nicklinson) v Ministry of Justice (2014) , legality of assisted suicide, ban on assisted suicide under the Suicide Act 1961 violated his right to private life under Article 8 of the ECHR, Supreme Court ruled against him, holding that changing the law was a matter for Parliament R (Begum) v Home Secretary (2021) Shamima Begum, who left the UK to join ISIS in Syria and was subsequently stripped of her British citizenship by the Home Secretary, Begum challenged the decision, arguing for her right to return to the UK to appeal the deprivation of her citizenship. The Supreme Court ruled that Begum could not return to the UK to pursue her appeal in person, prioritising national security and agreeing with Home Sec.

Answer 14

- Brexit- neutrality Qs- high court rules consent of parliament needed to trigger article 50, Daily Mail 'enemies of the people' - 2019 prorogation- 'arch remainers'- influenced by personal political views * November 9th- month before supreme article heard article 50 appeal, Lady Hale gave a speech to law students in Malaysia where she discussed outcomes ○ One question raised was is MPs would have to pass a 'comprehensive replacement' of the European Communities Act 1972

Answer 15

On November 23, 2022, the UK Supreme Court unanimously ruled that the Scottish Parliament cannot legislate for a second independence referendum without approval from the UK Government. Miller v Secretary for Exiting the European Union (2017) Gina Miller challenged the government's authority to trigger Article 50 of the Treaty on European Union without parliamentary approval. he court ruled that the government could not use royal prerogative powers to withdraw from the EU, as it would change domestic law and remove rights without Parliament’s consent. restraint to protect parliamentary sovereignty

Answer 16

policy parties sovereignty

Answer 17

* The Common Agricultural Policy (CAP) and the Common Fisheries Policy are 2 key areas that UK policy has been significantly impacted * CAP is an EU policy to give farmers financial support- support the prices they are paid for produce and providing income for rural development ○ Criticised a lot in the UK as our farming sector is small so we get back less than we put in ○ Encourages farming practices that damage the environment ○ Benefits large landowners ○ Drives up the price of food in the UK ○ Stops farmers in the developing world being able to compete with EU farmers * CFP manages fishing fleets and fish stocks ○ Criticised for giving the EU equal access to UK fishing waters ○ Blamed for decline of large UK fishing industry Move to a single market meant that around 80% of all regulation on the production, sale and distribution of goods, services and capital in the UK originated in the EU

Answer 18

* Many other areas of UK policy remained largely unaffected by the EU * Education, welfare and healthcare polices are areas that the EU has very little influence on * Attempts to develop a common foreign and defence policy which have been largely unsuccessful- UK remained very sceptical due to close ties to NATO and its 'special relationship' with the USA * With Brexit, the UK will take control over main policy areas and new legislation is now required * Internal Market Bill is needed to protect seamless internal trade in the UK and enable the government to invest in communities and businesses to replace the EU regional policy * Agriculture Bill 2020 is required to prepare UK farming for departure from EU Including good and animal welfare standards and farmer subsidies outside of CAP

Answer 19

* In 2019 the Brexit party was created, winning the most votes and seats in the European parliamentary elections in the UK and contesting seats in the 2019 election which had not been won by the conservative party in 2017 in order to ensure Brexit was delivered * 2016 referendum saw Cameron resign as PM and party leader and the Brexit split in cabinet and party undermine May's leadership forcing her resignation

Answer 20

* After the 2019 election result, the EU as a political issue for parties changed * Since the election, the leaders of all main parties lined up behind the fact that the UK will leave the EU and there's no case for a second referendum * Both UKIP and the Brexit party have been unable to breakthrough in Westminster elections and with guaranteed Brexit, their position was further weakened moved Corbyn never makes a choice

Answer 21

European Communities Act 1972- European law takes precedence over UK LAW WHERE EU has competency- Factortame case 1991- ECJ overturned sections of Merchant Shipping Act 1988- aimed to prevent boats from spain and other member states from EU fishing waters introduction of QMV and transfer of more legislative competency to EU undermines parl. sov.- exclusive competency on argiculture, fisheries, transport policy, free movement (goods, persons, capital), multiple areas moved to QMV under Maastrucht treaty 30 areas such as consumer protection moved to QMV, UK loses national veto, no longer unilaterally block mearues unpopular in UK

Answer 22

Parl can repeal ECA 1972 at any point 2018- Parl passes EU withdrawal act- repeals ECA - end of transition period 1 Jan 2021- EU law no longer primacy, EU law is sibject to amendment and repeal- will still shape UK Treaty approval process Any transfer of powers to the EU (including QMV expansion) required: Agreement from all member states Therefore: Democratically elected UK governments chose to transfer powers UK safeguards and opt-outs UK negotiated opt-outs from: Euro Schengen Area Social Chapter Maintained “red lines” (areas not transferred), including: Admission of new member states Defence policy Taxation Treaty changes Post-Brexit sovereignty restoration Leaving the EU returns all competencies to UK Parliament Creates a new constitutional issue: Whether powers should go to: Devolved institutions (Scotland, Wales, Northern Ireland) Or remain with Westminster

MEC Relationships between branches Flashcards

(46 cards)