Politics · Year 12 · UK Government · 2.º Período

Relations between Branches

An exploration of the relationship between the executive, the legislature, and the judiciary. Students will assess where sovereignty truly lies within the UK political system.

TL;DR:This topic examines the interaction between the three branches of government: the executive, the legislature, and the judiciary. Students explore the concept of the 'separation of powers' and how it applies to the UK's parliamentary system. A major focus is the role of the Supreme Court and its power of judicial review, particularly in cases involving human rights and the limits of government authority.

• National Curriculum Attainment Targets
• A-Level Politics: UK Government 4.1 - The Supreme Court and its interactions
• A-Level Politics: UK Government 4.2 - The location of sovereignty in the UK

About This Topic

This topic examines the interaction between the three branches of government: the executive, the legislature, and the judiciary. Students explore the concept of the 'separation of powers' and how it applies to the UK's parliamentary system. A major focus is the role of the Supreme Court and its power of judicial review, particularly in cases involving human rights and the limits of government authority.

Students also debate the location of sovereignty in the UK, considering how it has been affected by devolution and the UK's exit from the European Union. This unit requires students to think critically about the balance of power and the protection of civil liberties. This topic benefits from mock trials or simulations of Supreme Court cases where students can argue the legal and political implications of a ruling.

Key Questions

1. How does the Supreme Court interact with the executive?
2. Has the balance of power shifted from Parliament to the executive?
3. Where does sovereignty reside in the UK?

Watch Out for These Misconceptions

Common Misconception

The Supreme Court can strike down any law it thinks is unfair.

What to Teach Instead

Unlike the US, the UK Supreme Court cannot strike down Acts of Parliament due to parliamentary sovereignty. It can only issue a 'declaration of incompatibility.' Use a comparative chart to show the difference between UK and US judicial powers.

Common Misconception

The executive and the legislature are completely separate in the UK.

What to Teach Instead

In the UK, the executive is 'fused' with the legislature because ministers must be members of Parliament. A 'mapping' activity of the government structure can help students visualize this fusion of power.

Active Learning Ideas

Mock Trial

The Supreme Court

Students simulate a real Supreme Court case (e.g., the Miller cases on Brexit). They take on roles as judges, government lawyers, and claimants to argue whether the executive has exceeded its legal powers.

60 min·Whole Class

Inquiry Circle

Where is Sovereignty?

Groups investigate different 'locations' of sovereignty: legal (Parliament), political (the people), and devolved (Scotland/Wales). They create a diagram showing how these different types of sovereignty interact and overlap.

45 min·Small Groups

Think-Pair-Share

Judicial Independence

Students discuss why it is important for judges to be independent of the government. They brainstorm ways this independence is protected (e.g., life tenure, salary) and potential threats to it.

25 min·Pairs

Frequently Asked Questions

What is judicial review?

Judicial review is a process where judges examine the lawfulness of a decision or action made by a public body. They check if the body acted within its powers (ultra vires), followed fair procedures, and acted rationally.

Where does sovereignty lie in the UK?

Legally, sovereignty lies with Parliament (Parliamentary Sovereignty). However, in practice, political sovereignty often rests with the people (e.g., in referendums) or is shared through devolution.

How do active learning strategies help students understand the branches of government?

Active learning, such as mock trials or sovereignty mapping, helps students see the 'friction' between the branches. By arguing a case from the perspective of the Supreme Court or the government, students understand that the balance of power is not fixed but is constantly being negotiated through legal and political challenges.

What was the impact of the Constitutional Reform Act 2005?

This Act enhanced the separation of powers by creating the Supreme Court, removing the judicial functions of the House of Lords, and changing the role of the Lord Chancellor to ensure greater judicial independence.