Evaluate the view that the Supreme Court is effective at upholding the rights of citizens.

Question 1

Introduction - Themes

Answer 1

• Protection
• Judicial Review
• Coflicting Rights

Question 2

Introduction - Argument

Answer 2

The Supreme Court as an institution is able to uphold rights well, however, the current threats on the Court’s influence means that it could become ineffective in the future

Question 3

Disagree - Protection - Point

Answer 3

One of the main roles of the Supreme Court is to protect the rights of the people against the government, this role has come under threat in recent years

Question 4

Disagree - Protection - Examples

Answer 4

• Currently, there is a bill passing through Parliament looking to repeal the Human Rights Act of 1998 and replace it with a British Bill of Rights. Many pressure groups such as Amnesty Internation and Liberty say this will massively impact citizens’ rights
• Johnson has announced the creation of the Constitution, Democracy, Rights Commission to look at reforming the Supreme Court

Question 5

Agree - Protection - Point

Answer 5

The outcome of these is hypothetical, the bill is only on its second reading and the Commission had limted impact. So, currently, the Surpreme Court is effectively upholding citizens’ rights against the government

Question 6

Agree - Protection - Examples

Answer 6

• The Human Rights Act 1998 and the Constitutional Reform Act 2005 laid out very clearly the powers of the Supreme Court to check the government and all other public bodies
• In the case of Miller and Cherry v The Prime Minister in 2019, the Supreme Court ruled that Johnson’s attempt to prorogue Parliament was unconstitutional

Question 7

Disagree - Judicial Review - Point

Answer 7

Judicial review is a method for the Supreme Corut to review previous court rulings either against the government or against the Human Rights Act. Arguably, these have become increasingly more difficult and less effective at protecting rights

Question 8

Disagree - Judicial Review - Examples

Answer 8

• The number of judicial review applications rose to a peak of 15,000 in 2013. In 2013, the government restricted the cases that could apply for legal aid, raising the court cosets. Justice Secretary Chris Grayling said he wanted to drive out the ‘meritless applications’
• The government’s plan appeared to have worked as the number of applications for judicial review cases between 2015 and 2019 fell 44%. In 2014, 4,062 cases were heard

Question 9

Agree - Judicial Review - Point

Answer 9

Despite the government trying to massively reduce the number of judicial reviews, this has not stopped the Supreme Court being bale to conduct them effectively and uphold people’s rights

Question 10

Agree - Judicial Review - Examples

Answer 10

• The McLauglin v UK case in 2019 ruled that the UK government breached the ECHR by denying an unmarried mother Widowed Parents’ Allowance
• The case of Steinfeld and Keiden v Secretary of State for International Development was surround the law that meant the only same-sex couples could have a civil partnership. The SC ruled that his was discrimination

Question 11

Disagree - Conflicting Rights - Point

Answer 11

There are often cases where two different rights of individuals are conflicting. This can often mean that the Supreme Court has to make the decisions to compromise certain rights, meaning they can be ineffective at upholding rights

Question 12

Disagree - Conflicting Rights - Examples

Answer 12

• In the case of Black v Wilkinson 2013, the SC had to way up the rights of the Christain owner of a B&B who refused a gay couple, Michael Black and John Morgan, of a room. The Court ruled in favour of Black saying it was an act of discrimination
• The Lee v Asher Case in October 2018 was another example of sexual orientation rights conflicting with freedom of expression. The SC ruled that Lee was not discriminated against

Question 13

Agree - Conflicting Rights - Point

Answer 13

One of the key roles of the SC is to set judicial precedent, the SC interpret the meaning of the current law to understand how to uphold rights for the greatest number of citizens

Question 14

Agree - Conflicting Rights - Examples

Answer 14

• In 2021, the government stripped Shamima Begum of her citizenship as she left the UK to join ISIS. The Supreme Court upheld the government’s decision, ruling that it was to protect the greatest number of people
• Once the SC has interpreted the law in a certain way, this is applied to all courts, meaning the judicial precedent has the ability to protect rights in courts across the UK