Chapter 8 - 7/10 - How powerful is the Supreme Court?

Question 1

What undermines the Supreme Court’s power?

Answer 1

They cannot enforce constitutional principles on Parliament because Parliament is sovereign. In the USA the Supreme Court can strike something down if it goes against the entrenched constitution, but that cannot happen here.

Question 2

What are the 5 strengths of the Supreme Court?

Answer 2

• Its independence is codified in law.
• It can reverse executive actions that are found to be ultra vires, whereby maintaining the rule of law.
• It is the ultimate interpreter of the law and so affect the way it is implemented.
• It can make declarations of incompatibility which, although not binding, are influential.
• It is the highest court in the land, especially after leaving the EU.

Question 3

What are the 3 weaknesses of the Supreme Court?

Answer 3

• It cannot activate its own cases, and instead must wait for appeals to be made.
• Parliamentary sovereignty means its judgements can be overturned by statue.
• Although not binding, the European Court of Human Rights can rule against Supreme Court decisions.