## Learning Outcomes

- Explain what “accountability” means in the UK political system
- Describe the UK’s separation of powers and why it is not fully strict
- Distinguish clearly between Parliament (legislature) and Government (executive)
- Identify how courts support accountability through judicial independence and judicial review
- Recall key constitutional reforms and dates that strengthened the independence of the judiciary

## Life in the UK Test Syllabus

For the Life in the UK Test, you are expected to understand how power is divided and controlled in the UK constitution, with a focus on the following syllabus points:

- Define accountability and give examples of how ministers are held to account by Parliament (questions, debates, committees, votes)
- Explain the three “branches” in the UK system: legislature, executive, and judiciary, and what each does
- Know that the UK does not have a strict separation of powers because ministers are usually MPs or members of the House of Lords
- Understand the formal constitutional roles of the Crown in the legislature (Royal Assent) and executive (powers exercised in the monarch’s name)
- Identify key reforms: the Constitutional Reform Act 2005 and the UK Supreme Court opening on 1 October 2009
- Recognise that courts are independent and can check whether public bodies acted lawfully (judicial review)

## Test Your Knowledge

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, look more closely at that area during your revision._

1. What are the three parts of the UK system often described as the legislature, the executive, and the judiciary?
2. Why is the UK said not to have a “strict” separation of powers?
3. Name two ways the House of Commons can hold the Government to account.
4. What does “judicial independence” mean in practice?
5. Which Act reformed the role of the Lord Chancellor, and when did the UK Supreme Court open?

## Introduction

The UK is a parliamentary democracy and a constitutional monarchy. That means people elect representatives to Parliament, and the monarch is the head of state but does not make day-to-day political decisions. A central idea for the test is that those who govern must be answerable for what they do, and their power must be limited by law and by other institutions.

Understanding accountability and separation of powers helps you avoid common test mistakes, such as confusing Government with Parliament, or thinking judges can decide political questions. In the UK, Parliament is the main place where the Government is questioned, while courts focus on applying and interpreting the law independently.

> **Key Term: Accountability**
> The duty of people in power, especially ministers, to explain and justify their decisions, and to be questioned and challenged by others (mainly Parliament).

### Separation of powers in the UK

Many democracies divide power between three parts of the state so that no single person or institution becomes too powerful. In the UK, this idea exists, but with UK-specific features and some overlap between branches.

> **Key Term: Separation of powers**
> The division of power between the legislature (law-making), the executive (running the country), and the judiciary (independent courts), so each can limit the others.

The three parts are usually described like this:

- **Legislature**: **Parliament** (makes laws and checks the Government)
- **Executive**: the **Government** (Prime Minister and ministers) who run the country, plus the **Crown** in formal constitutional terms
- **Judiciary**: **judges and courts**, which are independent and apply the law

A key “UK-style” point: the separation is **not strict**, because ministers are usually also MPs or members of the House of Lords. This overlap is a normal part of a parliamentary system.

> **Test Tip:** If a question asks “Why is separation of powers not strict in the UK?”, the safest exam answer is: _because the executive (ministers) is drawn from the legislature (Parliament)_.

### Parliament, Government, and the Crown: who does what?

To understand accountability, you must clearly separate the roles of Parliament and Government.

**Parliament** is the main law-making body and the main arena for holding the Government to account. Parliament has two Houses, and the monarch has a formal part in law-making.

> **Key Term: Parliament**
> The UK’s legislature, made up of the House of Commons, the House of Lords, and the monarch (in the formal process of making laws).

A common test “formula” is:

- **Parliament = House of Commons + House of Lords + the Monarch**

This matters because a Bill passed by both Houses becomes law only after **Royal Assent**.

The **Government** is the executive. It is led by the **Prime Minister** and the **cabinet**. Ministers run government departments (such as the Home Office or the Treasury), develop policy, and usually introduce most Bills.

In a General Election (held at least every five years), voters elect MPs. The monarch then invites the leader most likely to command support in the House of Commons (usually the leader of the party with the most MPs, or a coalition) to become Prime Minister. The Government must be able to govern with the support (confidence) of the House of Commons.

The **Crown** (the monarch) is part of the constitution in both symbolic and formal ways. In practice, many constitutional powers are exercised by ministers “in the name of the Crown”, while political decisions are made by the elected Government.

> **Test Tip:** If you see an option saying “The Queen/King chooses government policy,” it is wrong for the test. The monarch can advise, warn, and encourage, but ministers make policy decisions.

### How the Government is held to account by Parliament

Accountability in the UK is mainly political: the Government must explain itself to Parliament and must keep the confidence of the House of Commons to continue governing.

There are several core mechanisms you should know.

#### Questions and statements (including PMQs)

Ministers must answer questions in Parliament. This includes regular sessions where MPs question the Prime Minister and other ministers. These exchanges are public and are part of how Parliament scrutinises decisions.

- **Ministerial questions**: MPs ask questions about a department’s work.
- **Prime Minister’s Questions (PMQs)**: the Prime Minister is questioned in the House of Commons while Parliament is sitting.

This matters for the test because it shows the difference between **making decisions** (Government) and **challenging decisions** (Parliament).

#### Debates and opposition scrutiny

Parliament debates major issues, proposed laws, and government actions. The **opposition** (the second-largest party in the House of Commons) has an important role in challenging the Government. The opposition also forms a **shadow cabinet**, where senior opposition MPs “shadow” government ministers and question their decisions.

The Speaker in the House of Commons helps maintain order and ensures that debate follows the rules, including protecting time for opposition debate.

#### Select committees

Select committees are smaller groups that investigate particular areas, especially the work of government departments.

Typically, they:

- examine **spending**, **administration**, and **policy**
- run inquiries and collect evidence
- call witnesses (including ministers and experts)
- publish reports and recommendations

Committees do not run the country and do not pass laws, but they can expose problems and force ministers to respond publicly.

#### Votes: laws, spending, and confidence

A basic constitutional principle is that the Government needs the support of the House of Commons to carry out its programme. MPs vote on Bills and on important issues, including spending and taxation plans.

Votes matter because they can show whether the Government can still govern effectively. A Government that cannot pass key measures may face pressure to change its plans, replace its leader, or seek a new election.

The maximum length of a Parliament is **five years**, but an election can happen earlier if Parliament is dissolved. The current legal framework is set by the **Dissolution and Calling of Parliament Act 2022**, which repealed the Fixed-term Parliaments Act 2011.

### The judiciary and accountability through the law

The judiciary is a separate branch because judges must apply the law without political pressure. This is essential for equal treatment under the law, including when the government is involved in a case.

> **Key Term: Judicial independence**
> The principle that judges decide cases based on law and evidence, free from influence or pressure from the Government, Parliament, or the media.

Judges:

- decide criminal and civil cases
- interpret Acts of Parliament (decide what legislation means)
- ensure fair legal processes
- can check whether public bodies acted within their legal powers

One important way courts support accountability is by reviewing government decisions for lawfulness.

> **Key Term: Judicial review**
> A court process where judges check whether a public body (such as a minister, government department, or local authority) acted lawfully, followed proper procedure, and stayed within its powers.

Judicial review does not mean judges “run the country”. Courts do not replace ministers or MPs. Instead, they decide whether decisions were made within the law. If a public body acts unlawfully, a court can require the decision to be reconsidered or corrected.

#### The UK Supreme Court

The UK Supreme Court is a key institution in the modern constitution because it makes the separation between top judges and Parliament clearer.

> **Key Term: UK Supreme Court**
> The highest court in the UK for many cases, which hears major appeals on points of law; it opened on 1 October 2009.

For exam purposes, focus on these points:

- It is independent of Government and Parliament.
- It deals with the most important legal cases, mainly on points of law.
- It replaced the previous arrangement where the highest appeal judges (the “Law Lords”) sat in the House of Lords.

### Reforms that strengthened separation and independence

The UK constitution changes through laws and conventions. A major modern change was to make the boundaries between Parliament, Government, and the judiciary clearer.

#### Constitutional Reform Act 2005

Historically, the **Lord Chancellor** had roles that crossed the boundaries between branches. The **Constitutional Reform Act 2005** reduced this overlap and strengthened protections for judicial independence.

Key outcomes included:

- clarifying that the Lord Chancellor is primarily a government minister
- giving the Lord Chancellor a duty to uphold the independence of the judiciary
- creating structures to support judicial appointments based on merit (including the Judicial Appointments Commission)
- changing the presiding officer arrangements in the House of Lords (the Lord Speaker role became separate from the Lord Chancellor)

The aim of these reforms was not to create a fully US-style system, but to make the UK’s checks clearer and protect judges from political influence.

#### Supreme Court opening in 2009

Following the 2005 reforms, the **UK Supreme Court opened on 1 October 2009**. This is a useful date to remember because it is often used as a clear marker of increased separation between the judiciary and Parliament.

> **Test Tip:** If a question asks for a date linked to modern separation of powers, remember: _Constitutional Reform Act 2005_ and _UK Supreme Court opened 1 October 2009_.

### Putting it together: how the “checks” work in daily politics

For the Life in the UK Test, you should be able to describe the basic cycle:

1. **Voters elect MPs** to the House of Commons.
2. The **Government** is formed by the person who can command support in the Commons (the Prime Minister leads ministers).
3. The Government proposes policies and introduces most Bills.
4. **Parliament debates, questions, and votes**, holding ministers to account and approving or rejecting laws and spending.
5. **Courts apply and interpret the law**, and can check that public bodies act lawfully.

Because ministers sit in Parliament, the key check is not a strict separation but **accountability inside Parliament**, combined with an **independent judiciary** and a political culture that expects openness (for example, public parliamentary records and public debate).

## Key Point Checklist

_This article has covered the following key knowledge points:_

- Accountability means ministers must explain and justify decisions and be questioned, mainly by Parliament
- The UK separates power between the legislature (Parliament), executive (Government/Crown), and judiciary (courts), but not strictly
- The executive overlaps with the legislature because ministers are usually MPs or members of the House of Lords
- Parliament is part of law-making and scrutiny; Government runs departments and usually proposes legislation
- Parliament holds Government to account through questions (including PMQs), debates, select committees, and votes
- Courts support accountability by applying the law independently and checking that public bodies act lawfully
- Judicial independence means judges decide cases without political pressure
- Judicial review is a way courts can examine whether government actions were lawful
- The Constitutional Reform Act 2005 strengthened judicial independence and reduced overlapping roles
- The UK Supreme Court opened on 1 October 2009, separating top judges from the House of Lords
- A Parliament can last up to five years; elections happen after dissolution, under the Dissolution and Calling of Parliament Act 2022

## Key Terms and Concepts

- Accountability
- Separation of powers
- Parliament
- Judicial independence
- Judicial review
- UK Supreme Court


Constitution and the monarchy - Accountability and separation of powers (overview)