Relations between the Branches of UK Government Quiz

The Supreme Court was created in 2009, replacing the Law Lords. It has 12 justices, appointed on merit by an independent commission. Its role is to act as the highest court of appeal in civil and criminal cases and to adjudicate on constitutional matters.

Judicial neutrality means judges are free from personal bias. The Court strives for neutrality through training, transparency, and a duty to give reasoned judgments. However, concerns exist about social background (most justices are privately educated, male, and white).

Judicial independence ensures decisions are made without political pressure. It is protected by security of tenure, independent salaries, and separation from Parliament. The Constitutional Reform Act 2005 strengthened this, though some argue high-profile rulings invite political criticism.

Judicial review allows courts to rule on whether government actions are lawful. It checks the Executive by ensuring ministers act within the law, though it cannot overturn Acts of Parliament due to parliamentary sovereignty.

This principle means government actions are unlawful if they exceed granted powers. For example, the Supreme Court ruled in Miller (2017) that the government could not trigger Article 50 without parliamentary approval.

The Court can compel the Executive to act lawfully and interpret legislation in line with the Human Rights Act 1998. However, it cannot strike down primary legislation. Its influence is therefore significant but limited compared to codified constitutional systems.

Parliament scrutinises through PMQs, select committees, and debates. Select committees have grown stronger, but government majorities, party loyalty, and time constraints limit effectiveness. Large majorities can make scrutiny weaker.

The Executive dominates through control of the legislative timetable, the whipping system, and the power of patronage. The “elective dictatorship” thesis (Lord Hailsham) highlights the concentration of power in the hands of the Executive when it holds a majority.

Parliament has asserted influence during periods of weak government, e.g. May’s minority government (2017–19). However, Johnson’s 2019 majority restored Executive dominance. The balance fluctuates depending on political context.

The EU aimed to create economic and political union, with the “four freedoms” (movement of goods, services, capital, and people) central to the single market. It achieved extensive economic integration, but political union faced resistance from many countries, especially from the UK, which ultimately lead to Brexit.

Membership limited UK sovereignty in areas of EU competence, as EU law had supremacy over UK law (Factortame case, 1990). However, Parliament voluntarily accepted this through the European Communities Act 1972.

Brexit restored formal legal sovereignty, as Parliament can now legislate without EU constraints. However, economic interdependence and international obligations mean practical sovereignty remains shared and constrained on some issues.

Legal sovereignty means the absolute right to make or unmake any law (Parliament). Political sovereignty refers to where real political power lies in practice, often with the Executive or the electorate through elections and referendums.

Sovereignty has shifted: devolution gave powers to Scotland, Wales, and Northern Ireland; EU membership limited legal sovereignty; referendums (e.g. Brexit) empowered the electorate. The judiciary has also exercised more influence since 2009.

Formally, Parliament retains legal sovereignty. However, in practice, sovereignty is shared between Parliament, the Executive, devolved institutions, the judiciary, and the electorate. Brexit reasserted parliamentary sovereignty, but political realities mean sovereignty is dispersed.