This topic examines the role and independence of the judiciary in the UK, the impact of the Supreme Court, and the relationship between the judiciary and t
Topic Synopsis
This topic examines the role and independence of the judiciary in the UK, the impact of the Supreme Court, and the relationship between the judiciary and the executive. Learners will evaluate key constitutional principles.
Key Concepts & Core Principles
- Parliamentary sovereignty: The principle that Parliament is the supreme legal authority, able to make or repeal any law, and no body can override its legislation.
- Fusion of powers: The overlap between the executive and legislative branches, where the Prime Minister and Cabinet are drawn from Parliament, contrasting with the US system of separation of powers.
- Constitutional conventions: Non-legal rules that are considered binding on political actors, such as the monarch appointing the leader of the largest party as Prime Minister.
- Devolution: The transfer of legislative and executive powers from the UK Parliament to the Scottish Parliament, Welsh Parliament (Senedd), and Northern Ireland Assembly, creating asymmetrical governance.
- Judicial review: The power of the Supreme Court to review the legality of actions taken by public bodies, including the government, ensuring they act within their legal powers.
Exam Tips & Revision Strategies
- Refer to key cases like Miller v Secretary of State.
- Understand the concept of judicial review.
- Use examples of government-judiciary tensions.
- Use recent examples of select committee reports.
- Compare the legislative process with other political systems.
- Discuss strengths and weaknesses of parliamentary scrutiny.
- Compare UK PM with US President for clarity.
- Use recent events (e.g., Brexit, COVID-19) as examples.
Common Misconceptions & Mistakes to Avoid
- Confusing the Supreme Court with the US Supreme Court.
- Overstating the political role of judges.
- Ignoring the role of the Lord Chancellor.
- Confusing the roles of Commons and Lords.
- Overstating the power of select committees.
- Ignoring the influence of party whips on voting.
Examiner Marking Points
- Explain the importance of judicial independence.
- Evaluate the Supreme Court's impact on UK politics.
- Analyse the relationship between judiciary and executive.
- Discuss mechanisms to protect judicial independence.
- Explain the composition and roles of both Houses.
- Evaluate the effectiveness of parliamentary scrutiny.
- Analyse the legislative process from bill to law.
- Assess the impact of select committees on government accountability.