Relationships between the branches

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 to separate the judges from Parliament. 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 "colorblind" to politics. They cannot let their personal feelings or political leanings influence their decisions. They must be like a blank slate, looking only 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 they have "security of tenure" (they keep their jobs until they retire).

Influence: Judicial Review and Ultra Vires

How does the Court actually "check" the government? They use two main tools:

1. Judicial Review: This is a process where the Court looks at a decision made by a public body (like the government) and decides if it was lawful.
2. Ultra Vires: This is a Latin term meaning "beyond the powers." If a minister does something they don't have the legal right to do, the court declares it ultra vires and cancels it.

Example: In 2019, the Supreme Court ruled that Boris Johnson’s decision to "prorogue" (shut down) Parliament was ultra vires because it stopped Parliament from doing its job without a good reason.

Quick Review: The Supreme Court acts as an independent referee, using Judicial Review to ensure the government doesn't go ultra vires.

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: Small groups of MPs who investigate specific government departments. They can summon ministers to answer tough questions.
• Prime Minister’s Questions (PMQs): A weekly 30-minute session where the PM is grilled by the Leader of the Opposition and other MPs.
• The Opposition: Their job is to highlight the government's mistakes and suggest better ideas.

Executive Dominance (The "Elective Dictatorship")

Even though Parliament is supposed to be in charge, the Executive often wins. This is because of the FPTP electoral system, which usually gives the government a large majority of MPs. If all the MPs in the governing party do what the Prime Minister says, they can pass almost any law they want. This is sometimes called an "Elective Dictatorship."

Is the Balance Changing?

Don't worry if this seems complicated; the balance of power shifts depending on the situation:
• Strong Majority: If a PM has a big majority (like Tony Blair in 1997), the Executive is dominant.
• Weak Majority/Minority: If the PM has few MPs (like Theresa May in 2017), Parliament becomes much more powerful and can block government plans.

Key Takeaway: The Executive usually dominates because of the party system, but Parliament can "bite back" through committees and votes if the government is weak.

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

Even though the UK has left the EU (Brexit), you still need to understand what the relationship used to be and how leaving changed things.

The "Four Freedoms" of the EU

When the UK was a member, it had to follow the EU's single market rules, known as the Four Freedoms:
• 1. Free movement of Goods (buying and selling items).
• 2. Free movement of Services (like banking or legal advice).
• 3. Free movement of Capital (moving money).
• 4. Free movement of People (living and working anywhere in the EU).

Impact of Leaving (Brexit)

The biggest change after leaving the EU is the return of Parliamentary Sovereignty. When we were in the EU, EU law took priority over UK law in some areas. Now, the UK Parliament has the final say on all laws, including trade, immigration, and environmental rules. Leaving the EU has moved power away from Brussels and back to London.

Did you know? Before Brexit, if a UK law conflicted with an EU law, UK judges had to follow the EU law! This was a major point of debate during the referendum.

Section 4: Sovereignty – Where is the Power?

Sovereignty is just a fancy word for "ultimate power." In the UK, there are two types you need to know:

1. Legal Sovereignty vs. Political Sovereignty

• Legal Sovereignty: On paper, Parliament is the "boss." It can make or unmake any law it wants. No court can overturn an Act of Parliament.
• Political Sovereignty: In reality, the people hold the power. If the government does something the public hates, they will be voted out. Referendums (like the Brexit vote) also transfer political sovereignty to the voters.

Where does sovereignty lie now?

It’s a bit of a "split" system:
• Parliament: Holds the legal power to make laws.
• The People: Hold the political power at elections.
• Devolved Bodies: Power has moved to Scotland, Wales, and Northern Ireland, meaning the UK government doesn't decide everything for everyone anymore.

Memory Aid: The "VIP" of Sovereignty
V – Voters (Political power)
I – Institutions (Devolved bodies in Scotland/Wales)
P – Parliament (Legal power)

Summary: The Big Picture

• The Supreme Court acts as an independent check on the government to ensure they don't act ultra vires.
• The Executive often dominates Parliament, but Parliament uses Select Committees and PMQs to hold them accountable.
• Leaving the EU ended the "Four Freedoms" in the UK and returned Legal Sovereignty to Parliament.
• While Parliament is Legally Sovereign, the People are Politically Sovereign because they choose who sits in Parliament.