Supreme court and judiciary: Strong degree of influence over the executive and parliament

Question 1

Too much influence

Answer 1

-Judicial activism
-Judicial review
-Declaration of incompatibility

Question 2

1. The supreme court is becoming more judicially activist

Answer 2

Critics will argue the supreme court is making decisions beyond its legal role to the heart of the political debate. The supreme court is overreaching, stepping into a role reserved for the legislative and executive branches.

Question 3

1. Example

Answer 3

In the Abu Qatada vs UK case in 2012. The Supreme Court ruled that radical cleric Abu Qatada could not be deported back to Jordan, as it was believed the Jordan government would contravene his right to a fair trial through torture. (New right critique)

Question 4

1. Counter argument - The supreme court is weak in imposing their will on the executive/parliament

Answer 4

If judges make a ruling of which government and/or Parliament does not approve, Parliament always has the option of amending a statute or passing a new one in order to correct what the judges have done.

Question 5

1. Counter argument - example

Answer 5

-The Supreme Court ruled that the government did not have the power to freeze the bank assets of terrorist suspects. Prime Minister Brown was incensed but had to accept the judgement temporarily. In the event, though, a new statute was passed later the same year (the Terrorist Asset-Freezing Act 2010) granting such a power to the government. The will of Parliament ultimately prevailed.

Question 6

2. A rise in the number of judicial review cases

Answer 6

Critics will argue that judicial review has made government departments and Ministers too cautious, as they constantly have to consider the potential threat of judicial review.

Question 7

2. Example

Answer 7

The number of judicial review cases reached a peak in 2013 with 15,594 cases initiated.

Question 8

2. Counter argument -

Question 9

3. The Supreme court has the power to declare acts of Parliament as incompatible with the HRA

Answer 9

The Supreme Court can issue a declaration of incompatibility which encourages Parliament to take action to amend or remove the law in question.

Question 10

3. Example

Answer 10

In 2010, the Supreme Court (in the case of R and Thompson v secretary of state for home department) made a declaration under section 4 of the Human Rights Act 1998 that the indefinite notification for registered sex offenders were incompatible with article 8 of the European Convention on Human Rights