Is the Supreme Court influential?

Question 1

Reasons for the Supreme Court being influential

Answer 1

+ Supreme Court can stop executive action according to the principles set out for judicial review
+ Their position as the “final court of appeal” dealing with the most significant matters affords them significant power e.g. Article 50 ruling in 2017
+ Since Human Rights Act, has increased ability to protect citizens’ rights, usually from gov actions. Results in Court becoming more involved in human rights debates, being generally more aware of issues of civil liberties

Question 2

Reasons for the Supreme Court not being influencial

Answer 2

• No “higher” constitutional laws, SC can’t strike down statute law
• If SC sets aside decisions by ministers or publuc bodies, Parliament may pass legislation which allows such decisions e.g. Belmarsh and Poundland
• SC can’t be proactive - it must wait for cases to be brought before them

Question 3

Miller V Secretary of State for Exiting the EU (2017)

Answer 3

In 2016, May told Parliament her intention to trigger Article 50 (mechanism to start formal process of Brexit)
She assumed this was part of her royal prerogative powers
Faced legal challenge by those arguing only Parliament could take UK out of EU as membership of it had introduced constitutional rights for UK citizens which only Parliament could remove
Case went to High Court, upheld Miller’s claim
Passed to SC where gov appealed
Case heard by all 11 SC Justicies (first time ever)
Upheld ruling in Miller’s favour
SC was reasserting the constitutional principles governing how Brexit should be carried out