supreme court has strengthened parliamentary sovereignty

Question 1

parliament is legally sovereign

Answer 1

-parliament holds legal sovereignty which has implications for the court
-although it rules against the executive regularly it does not hold much power over parliament
-judicial power has been significantly extended since HRA as the court can issue declarations of incompatibility, but can’t rule acts unconstitutional, unlike the USSC which can rule acts of congress unconstitutional

Question 2

supreme court has strengthened parliaments political sovereignty over executive

Answer 2

-judiciary has reasserted parliamentary sovereignty over the executive in recent years
-article 50/Miller case limited the royal prerogatives of the PM relating to treaties, withdrawal requires the consent of Parliament
-prorogation case limited royal prerogative power to suspend parliament, executive can’t shut it down just to avoid scrutiny
-parliamentary sovereignty is upheld placing it above political sovereignty of the executive

Question 3

rulings have affirmed westministers sovereignty over devolved administrations

Answer 3

-supreme court has placed boundaries between westminster and devolved assemblies
-following Brexit referendum in 2016, Sturgeon suggested that the scottish parliament could block legislation necessary for the UK to leave the EU, supreme court ruled against this, similarly with Indyref2
-the supreme court has ruled that constitutional reforms remain a matter for Westminster

Question 4

HRA and DOIs

Answer 4

-bringing EHCR into law means the supreme court can determine the compatibility of UK laws with EHCR
-meaning the court can issue declarations of incompatibility, meaning by convention parliament changes parts of the law that aren’t compatible
-an anti-lgbt law from northern ireland was declared incompatible with the EHCR, leading to the repeal of parts of the sexual offences act 2003

Question 5

impact of common law/rulings which influence legislation

Answer 5

-common law is often codified by parliament, showing their respect for stare decisis
-in the Jogee case, the supreme court redefined the meaning of the term ‘joint enterprise’ in criminal acts leading to debate surrounding overturning past injustices
-Belmarsh Prison case ruled the actions of the government illegal, not in line with ECHR, so government introduced the Prevention of Terrorism Act 2005

Question 6

rule of law, holding MPs to account

Answer 6

-in recent years the supreme court has really ensured the rule of law applies to all
-in 2010, following the 2009 expenses scandal, parliamentary privilege was limited to not include finances, following this Labour MP David Chaytor was criminally prosecuted for 18 months for fraudulent expenses