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Summary Relations between the branches Essay Plans
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Relations between the branches:Evaluate the view that judges should not exercise control over the power of Government.
AGREE: DISAGREE:
Supreme court judges are unelected and unrepresentative. As they are unelected, they are impartial and make better
We cannot hold them to account. judgements. This is shown in the R vs PM case. The
supreme court ruled the decision to advise the Queen to
prorogue parliament was unlawful as it prevented
Parliament from carrying out its constitutional functions.
Due to their upbringing, they can’t sympathise with Judges protect the democratic rights of the population by
working-class people. Their personal views can affect their upholding rule of law. Schinder v Duchy of Lancaster. The
stance. 3 in 4 senior judges attended Oxbridge and 60% court ruled the government have the right to deny British
have been privately educated even though 7% of the citizens who have lived abroad for over 15 years a vote in
country have been privately educated. the 2016 EU referendum. (rule of law- equality under law).
The government have a clear manifesto of which the Due to the unelected nature of the judges, they can
citizens are aware. They have consent from citizens and consider long-term views rather than short-term. This
judges shouldn’t interfere. In 2019, citizens voted for Boris allows them to keep the government in line and stop them
Johnson due to his manifesto promising to get Brexit done from making harsh decisions.
by January.
Evaluate the extent to which the executive has become less powerful in relation to Parliament.
AGREE: DISAGREE:
Increased number of rebellions in the Commons. Theresa The power of prime ministerial patronage renders many
May was unable to assert her dominance over the political MPs excessively
system by being unable to vote through her Brexit plan, docile and loyal. MPs are ambitious and therefore prefer to
such as when she was historically voted against it by a be loyal to the
majority of 230 (118 Tories voted against it and failed P.M. has sole power over government appointments. For
again a couple more times). example, when she became PM in 16, sacked Osborne
(the most prominent figure from prev govt), and further 9
ministers lost jobs over the next 24h.
Effective because since the creation of Backbench Still powerful because however, ministers can block the
Business Committee in 2010, allowed to choose the topic appearance of officials as witnesses. The PM appears 2/yr
for debate on 35 days in each parliamentary session. This @ Liaison Committee, which consists of the chairs of the
new freedom for backbenchers has brought us some select committees. Even so, the PM is likely to be treated
crucial debates. this Committee gave us the time for a more leniently by committee chairs from their own party.
debate and a vote on an EU referendum when neither
Labour nor the Coalition would give us time to discuss this
crucial matter. Increased effectiveness because Several of
the Backbench debates have highlighted important issues
that would otherwise have been ignored or played down –
the European Court of Human Rights, the Hillsborough
disaster, that the government would otherwise not do.
In increasing assertiveness of the HoL led to several govt The House of Lords is weak because it lacks democratic
defeats. No single party controls the Lords, making legitimacy. They are not effective because in relation to
management of the house much more difficult. For scrutiny of the government, There are limits, to defeat
example, in Oct 2015 when the Lords defeated Cameron’s Government proposals because of the Parliament Acts
govt plans for cuts to tax credits supporting low-income 1911 & 1949 limits their effectiveness because ultimately
working people. they are an unelected chamber and by nature lack
democratic legitimacy.
, Evaluate the extent to which the EU has impacted UK institutions.
AGREE: DISAGREE:
Parliament and the UK courts will spend a lot of time The UK had previously opted out of many different laws
unpicking 40 years’ worth of legislation and rulings. This such as the introduction of the Euro. This suggested
includes economic, social, and healthcare legislation. independence means that the UK institutions will not be
harshly impacted as we weren’t completely reliant on the
EU.
The European Court of Justice lays out standardises rights This does not impact UK institutions as much as how
in areas such as maternity leave and pay, prohibition of effectively the rights are followed varies and the EU can do
discrimination in employment and receiving services. It is little to force rights protection on member states. In eastern
the highest court of appeal. Europe, they are more socially conservative and do have
differing views when it comes to the LGBTQ+ community.
The European Council takes sovereignty away from the Now that we have left the EU, the UK has retained the
UK as they meet twice per annum to make important right to decide whom they trade with. They have full power
decisions and agree on new treaties. This takes away from over the treaties they make. We can now also opt out of
the UK's sovereignty because they no longer have the treaties such as the Treaty establishing the European Coal
power to decide who they trade with. and Steel Community which creates interdependence in
coal and steel so one country can’t mobilise its armed
forces without others knowing.
Evaluate the view that the Supreme Court has too much influence over the executive.
AGREE: DISAGREE:
Can set aside executive actions under judicial review if The Supreme court can only interpret the law on cases
they are “ultra vires” or break HRA. brought before it. their judgements can be overturned if the
This is shown in the R vs PM case. The supreme court executive changes the law through parliament. the
ruled the decision to advise the Queen to prorogue supreme court ruled the government couldn’t freeze the
parliament was unlawful as it prevented Parliament from bank assets of terrorist suspects. The terrorist asset-
carrying out its constitutional functions. freezing act 2010 came out after and overturned their
ruling.
Can make a declaration of incompatibility. This was shown Can’t strike down an Act of parliament. It can only declare
with the Civil partnerships act. The supreme court ruled it incompatible. This isn’t legally binding and can choose
that the legislation stating that only same-sex couples can what action to take. E.g: prisoners votes.
enter a civil partnership is not compatible with the human
rights law.
Increased judicial independence since the Constitutional The majority of judicial reviews aren’t upheld against the
Reform Act and HRA. This has led to an increase in executive. E.g: UNISON case 2017 where the supreme
judicial reviews. This slows down decision-making and court ruled that employment tribunal fees were unlawful as
adds costs to public projects. they stop access to justice and defy rule of law.
Evaluate the view that since 2010, the UK has seen a return to cabinet government.
AGREE: DISAGREE:
Cameron led a coalition government with cabinet members Cameron was able to implement his policies with little
from another party- more influential in shaping policy. opposition from his coalition cabinet. Tuition fees.
There have been ‘big beasts’ in cabinets. Boris Johnson PMS have used their positions of party leader and the
was Secretary of State for Foreign and Commonwealth power of patronage to dominate their cabinet. At the start
Affairs in May’s cabinet. He resigned which had a huge of his time in office, Boris Johnson had established a
impact on her time in office. cabinet of loyalists.
Boris Johnson resigned in July 2022 due to members of The PM bypasses the cabinet through the use of cabinet
his cabinet resigning. This highlighted the lack of faith they committees. Theresa May used the cabinet committee to
had in him. As of July 10th, 5 cabinet ministers resigned- increase her control over the cabinet.
including Rishi Sunak (chancellor).
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