Introduction: Who Really Runs the Show?

Welcome to one of the most exciting parts of your Politics course! So far, you have looked at the Executive (the Prime Minister and Cabinet), Parliament (the House of Commons and Lords), and the Judiciary (the Courts). In this chapter, we look at how they all interact. It’s a bit like a high-stakes game of tug-of-war. Who has the most power? Can the Courts stop the Prime Minister? Does Parliament really control the government? By the end of these notes, you’ll understand exactly how the "balance of power" works in the UK.

Section 1: The Supreme Court – The Referees of Politics

The Supreme Court is the highest court in the UK. Think of them as the "referees" of the British political system. They don’t make the laws (that's Parliament's job), but they make sure everyone else is following the rules.

Role and Composition

The Supreme Court was established in 2009 under the Constitutional Reform Act 2005 to separate the highest appeal judges from the House of Lords. It consists of 12 Justices. Their main job is to hear cases of great public importance that affect the whole country.

Key Principles: Neutrality and Independence

To be fair referees, the judges must follow two "golden rules":

• Judicial Neutrality: Judges must be impartial and non-partisan. They cannot let their personal feelings or political leanings influence their decisions. They must look strictly at the law.
• Judicial Independence: This means judges cannot be fired or pressured by the government just because the Prime Minister doesn't like a ruling. Their pay is protected and paid from the Consolidated Fund, and they have security of tenure (they keep their jobs until retirement, unless removed by both Houses of Parliament).

Influence: Judicial Review, Ultra Vires, and the Human Rights Act

How does the Court actually "check" the government? They use key constitutional mechanisms:

1. Judicial Review: This is a process where the Court examines the lawfulness of a decision or action made by a public body (like government ministers).
2. Ultra Vires: This is a Latin term meaning "beyond the powers." If a minister or public authority acts beyond the legal authority granted to them by statute, the court declares the action ultra vires and unlawful.
Example: In the 2019 Miller II case (R v The Prime Minister), the Supreme Court ruled unanimously that Boris Johnson’s advice to prorogue (suspend) Parliament was unlawful and ultra vires.
3. Declarations of Incompatibility: Under Section 4 of the Human Rights Act 1998, the Supreme Court cannot strike down primary legislation passed by Parliament. However, if an Act of Parliament conflicts with the European Convention on Human Rights (ECHR), the Court can issue a formal Declaration of Incompatibility, putting pressure on Parliament to revise the law.

Quick Review: The Supreme Court acts as an independent referee, using Judicial Review to check for ultra vires actions and issuing Declarations of Incompatibility under the Human Rights Act 1998.

Section 2: The Tug-of-War (Executive vs. Parliament)

The relationship between the Executive (the government) and Parliament is a constant battle for control.

How Parliament Holds the Executive to Account

Parliament isn't just a "talking shop"; it has tools to keep the government in check:
• Select Committees: Departmental select committees investigate specific government departments and can summon ministers and officials to give evidence.
• Prime Minister’s Questions (PMQs): A weekly 30-minute session held every Wednesday where the Prime Minister answers questions from the Leader of the Opposition and MPs.
• The Opposition: Scrutinises government policy, highlights mistakes, and proposes alternative policies.

Executive Dominance (The "Elective Dictatorship")

Even though Parliament is supposed to be in charge, the Executive often wins. This is because the first-past-the-post (FPTP) electoral system often delivers a single-party working majority. With strong party discipline and the payroll vote, a governing majority allows the executive to pass its legislative agenda, leading critics to describe the UK system as an "elective dictatorship."

Is the Balance Changing?

The balance of power shifts depending on political circumstances:
• Strong Majority: If a PM has a big majority (like Tony Blair in 1997 with a majority of 179), the Executive is dominant.
• Weak Majority/Minority: If the PM leads a minority or small majority (like Theresa May after the 2017 election), Parliament becomes far more assertive and can amend or defeat government bills.

Key Takeaway: The Executive usually dominates when backed by a stable majority, but Parliament retains significant scrutiny powers through committees, debates, and votes.

Section 3: The UK and the European Union (EU)

Understanding the UK's relationship with the European Union (EU) is essential for grasping changes to UK sovereignty.

The "Four Freedoms" of the EU

During its membership in the EU single market, the UK was subject to the Four Freedoms:
• 1. Free movement of Goods.
• 2. Free movement of Services.
• 3. Free movement of Capital.
• 4. Free movement of People.

Impact of Leaving (Brexit) and Legal Precedent

Under EU membership, EU law held primacy over domestic law. In the landmark Factortame case (1990), the UK courts established that UK courts could suspend the operation of an Act of Parliament where it conflicted with EU law.
Following the 2016 referendum and subsequent withdrawal (Brexit), the UK ended the direct jurisdiction of EU law. The departure restored Parliament’s full statutory authority to legislate without being subject to EU legal supremacy.

Section 4: Sovereignty – Where is the Power?

Sovereignty refers to the location of supreme power within a political system. In the UK, two distinct forms exist:

1. Legal Sovereignty vs. Political Sovereignty

• Legal Sovereignty: Vested in Parliament (Parliamentary Sovereignty). Parliament has the supreme legal authority to make, amend, or repeal any law, and no Parliament can bind its successors.
• Political Sovereignty: Vested in the electorate (the people). Ultimate political power rests with the voters at general elections and referendums, holding elected representatives accountable.

Where Does Sovereignty Lie Now?

Power in the UK is distributed through several mechanisms:
• Parliament: Retains supreme legal sovereignty.
• The Electorate: Exercises political sovereignty at elections and referendums.
• Devolved Institutions: Powers transferred to the Scottish Parliament, Welsh Senedd, and Northern Ireland Assembly mean policy decisions in devolved areas are made outside Westminster.

Memory Aid: The "VIP" of Sovereignty
V – Voters (Political sovereignty)
I – Institutions (Devolved legislatures)
P – Parliament (Legal sovereignty)

Summary: The Big Picture

• The Supreme Court acts as an independent judicial body checking executive action through Judicial Review, policing ultra vires actions, and issuing Declarations of Incompatibility under the Human Rights Act 1998.
• The Executive frequently dominates Parliament due to majority party discipline, but is scrutinised via Select Committees and PMQs.
• Leaving the EU ended the supremacy of EU law established in Factortame and returned full Legal Sovereignty to the UK Parliament.
• Legal Sovereignty resides in Parliament, whereas Political Sovereignty ultimately belongs to the electorate.