Relations Between Branches- The Power Of Supreme Court Flashcards
The UK Supreme Court is too powerful
-Judicial review gives judges too much influence over public policy and the democratic process. Example: the two Brexit-related judicial reviews in the Supreme Court contributed to the delay in Brexit, despite its approval by the public in the 2016 EU referendum.
-The creation of the Supreme Court makes conflict more likely, leading to a more active and independent court.
Example: disputes over immigration, terrorism, human rights and Brexit have increased in recent years.
-The Human Rights Act allows the UK Supreme Court to interpret the ECHR and issue incompatibility statements, Which hinders the ability of government to fight terrorism and curb immigration. Example: in 2019 the Supreme Court found that the Home Office policy of detaining asylum seekers prior to their removal amounted to ‘false imprisonment.
The UK Supreme Court is NOT too powerful
-The court must wait for a case to be brought before it — it has no power to initiate a judicial review. The number of applications for judicial review fell by 44% between 2015 and 2019, largely as a result of cuts to legal aid for such challenges.
-Politicians often undermine the independence of the Supreme Court and the judiciary more widely. Example: successive governments have set minimum terms for criminal offences and sentencing guidelines for judges.
-The courts are simply ensuring that rights are protected.
A powerful executive with a majority in Parliament determines the range and scope of rights. Example: the Justice and Security Act (2013) allowed ‘closed material proceedings’ or secret courts into the justice system, something the Supreme Court is powerless to stop.
