Introduction: Who’s Actually in Charge?
Welcome! In this chapter, we are going to look at the "power struggle" at the heart of the UK. We’ll explore the relationship between the three main branches of government: the Executive (the PM and Cabinet), the Legislature (Parliament), and the Judiciary (the Courts). Think of these branches like the legs of a tripod; if one gets too long or too short, the whole thing topples over. We’ll learn how they check each other's power and where the final "say" (sovereignty) actually lies.
1. The Supreme Court: The UK's Referees
Before 2009, the highest judges in the land sat inside the House of Lords. Now, we have an independent Supreme Court. They don't make laws, but they interpret them. If you think of a football match, the Government and Parliament are the players, and the Supreme Court judges are the referees. They make sure everyone follows the rules of the game.
Key Principles: Neutrality and Independence
For the referees to be fair, they need two things:
1. Judicial Neutrality: Judges must keep their own politics out of it. They should be "blank slates" who only look at the law. Example: A judge shouldn't rule against a law just because they personally dislike the Prime Minister.
2. Judicial Independence: Judges shouldn't be afraid of the government. They have "security of tenure," meaning they can't be fired just for making a decision the PM hates. Their salaries are also paid from a protected fund so the government can't "starve" them into agreeing.
Their Power: Judicial Review and Ultra Vires
The Court’s biggest tool is Judicial Review. This is a process where they look at a government action and decide if it was legal. If the government has gone beyond its legal power, the court declares it ultra vires (a Latin term meaning "beyond the powers").
Memory Aid: Think of "Ultra" as "Over" and "Vires" as "Powers." They went Over their Powers!Quick Review Box:
• The Supreme Court ensures the government follows the law.
• Neutrality = No personal bias.
• Independence = No government pressure.
• Ultra Vires = When the government acts without legal authority.
2. Executive vs. Parliament: The Tug-of-War
In the UK, the Executive (PM and Cabinet) usually comes from the biggest party in Parliament. This creates a "fusion of powers," but it also creates a lot of tension.
How Parliament holds the Executive to account
Parliament is like a supervisor checking the Executive's homework. They use:
• Select Committees: Small groups of MPs who grill Ministers on specific topics (like health or education).
• PMQs (Prime Minister’s Questions): A weekly 30-minute session where the PM must defend their policies.
• The Opposition: The second-largest party's job is to point out everything the government is doing wrong.
The "Elective Dictatorship"
Don't worry if this sounds scary! It’s just a term used by Lord Hailsham to describe a government with a huge majority. If a PM has a 100-seat majority, they can pass almost any law they want, and Parliament finds it very hard to stop them. In this case, the Executive "dominates" the Legislature.
Analogy: If the Executive is a fast car, Parliament is supposed to be the brakes. If the Executive has a huge majority, it’s like the brakes have been cut!Key Takeaway: The balance of power shifts. A PM with a small majority (like Theresa May) is weak and easily bullied by Parliament. A PM with a huge majority (like Tony Blair or Boris Johnson) can usually dominate Parliament.
3. The EU and Sovereignty: Who has the Remote Control?
Sovereignty is a fancy word for "ultimate power." In the UK, we believe in Parliamentary Sovereignty—Parliament can make or unmake any law it wants.
The EU Impact
While the UK was in the European Union (EU), we had to follow the "four freedoms" (free movement of goods, services, capital, and people). During this time, EU law was superior to UK law. This felt to many like the UK had "given away" its sovereignty.
Post-Brexit Reality
Since leaving the EU, the UK has "taken back control." Parliament is now the sole body making laws on things like fishing and trade. However, the government still has to consider international treaties, so sovereignty is never quite 100% simple.
Did you know? Even though Parliament is legally sovereign, Political Sovereignty often lies with the people. If the people vote for something in a referendum, Parliament usually feels it must follow that instruction, even if it doesn't legally have to.
4. Where Does Sovereignty Lie Now?
This is a common exam topic! You need to distinguish between two types:
• Legal Sovereignty: This sits with Parliament. On paper, they have the final "say" and can pass any law.
• Political Sovereignty: This often sits with the Electorate (the voters) during elections or referendums, or with the Executive if they have a massive majority.
Movement of Sovereignty
Sovereignty has moved around in recent years due to:
1. Devolution: Power moving to Scotland, Wales, and Northern Ireland.
2. Referendums: Giving the "remote control" directly to the people.
3. The Supreme Court: Increasing its willingness to challenge the government.
Common Mistake to Avoid: Don't say the Prime Minister is sovereign. Only Parliament is legally sovereign. The PM only has power as long as they have the support of Parliament!
Summary of Sovereignty:
• Legal = Law-making power (Parliament).
• Political = The actual "muscle" or will of the people.
• Location = It's messy! It’s shared between Parliament, the People, and Devolved bodies.
Final Quick-Check Review
1. Who are the "Referees"? The Supreme Court (Judiciary).
2. What is "Ultra Vires"? When the government acts beyond its legal power.
3. What is an "Elective Dictatorship"? When a government with a big majority ignores Parliament.
4. Where is Legal Sovereignty? With Parliament.