Relations Between Branches- The Supreme Court And The Protection Of Rights Flashcards
How the Supreme Court can protect rights
-The Supreme Court can use incompatibility statements given to it under the Human Rights Act to rule that proposed laws are in breach of the Human Rights Act.
-The Supreme Court can interpret the European Convention on Human Rights (ECHR). Example: the Brewster case (2017) confirmed that cohabiting couples enjoyed the same pension rights as married couples under the ECHR.
-The Supreme Court enforces the rule of law. Example: Cadder v HM Advocate 2020 found that Scottish police were in breach not only of the ECHR but also of the Scotland Act 1998 in the way that they detained suspects.
-It asserts common law rights. Example: in Dover District Council v CPRE Kent 2017, the court ruled that when planning permission has been granted against the advice of its own professionals, local authorities are obliged under common law to give their reasons for doing so.
-The court rules on freedom of information cases. Example: in Evans v Attorney General 2015, the Supreme Court ruled that the press had the right to publish royal correspondence that was sent to government departments by Prince
Limits on the Supreme Court’s ability to protect
-Incompatibility statements are not binding upon Parliament.
-The UK Supreme Court has no enforcement power. Environmental groups have claimed that the government has failed to respond fast enough to court rulings that found the government breached air quality laws that affect the health rights of citizens.
-The rule of law is what politicians say it is. Since the UK Constitution is not entrenched, parliaments, dominated by governments, can overturn rights and liberties with a simple act of Parliament.
-Rights have better legal standing and greater legitimacy when confirmed by Parliament. Example: the Countryside and Rights of Way Act 2000 clarified and confirmed the common law ‘right to roam’ in the countryside.
-The government has frequently sought to limit the scope of the Freedom of Information Act. Example: following the court decision on royal correspondence, the Freedom of Information Act was amended to exempt the royal family from the scope of the Act.
