supreme court has too much influence over executive

Question 1

HRA/DOIs/judicial review

Answer 1

-HRA means all law must be compatible with EHCR, increasing judicial review, e.g. Blair’s democratically elected government was overruled in the Belmarsh prison ruling, and in recent years the court has rule on several constitutional issues such as Indyref2 and Brexit
-HRA gave judges the power to issue declarations of incompatibility, 27 have been issued as of 2022, a DOI in relation to the Sexual Offences Act 2003 led to amendments to the legislation

Question 2

HRA/DOIs/judicial review evaluation

Answer 2

Although judicial review has certainly increased, to liberals it is a welcome development that British citizens and residents can petition British
courts over human rights issues, rather than the expensive, time-consuming process of applying to the Strasbourg Court (pre-1998). What’s more, the
point concerning DOIs may misrepresent how frequently they are used. They are actually quite rare. As of 2022, the Law Lords and its successor (the
UKSC) have only averaged just over 1 per year (27 since 1998 as of 2022).

Question 3

CRA empowered judiciary

Answer 3

-introduction of doctrine of separation of powers increased independence and profile of UKSC
-judges are increasingly in breach of kilmuir guidelines stopping them from engaging in debate, e.g. Baroness Hale criticising austerity
-but this is minor compared to comments made by US justices e.g. RBG warning against the election of Trump

Question 4

CRA empowered judiciary evaluation

Answer 4

The judiciary is still largely above politics. Political commentary such as that by Hale or Phillips is not as controversial as critics like to make out. Certainly, the UK judiciary is not as politicised as in the US. Added to this, if anything, the CRA 2005 made
the highest court less political by introducing the Judicial Appointments Commission which means judges select judges, prioritising
merit and expertise. This undermines the idea that the UK judiciary is politcally ‘activist’, working to undermine the executive.

Question 5

UKSC is weakest branch of government

Answer 5

-parliament is legally sovereign, not the courts, the executive branch is the most powerful making it politically sovereign
-UK judiciary is fairly weak, it cannot strike down acts of parliament as being unconstitutional, it is reactive rather than active
-Belmarsh prisoners case 2004, the courts ruled part of the Anti-Terrorism Act 2001 illegal, Blair then passed the Prevention of Terrorism Act 2005 reversing the decision showing where true power lies

Question 6

judges act responsibly and do not wish to be active

Answer 6

-supreme court is required to uphold the rule of law
-as the constitution is heavily weighted towards the principle of parliamentary sovereignty, if the government violates it as it did in Article 50/Miller and Prorogation, the court will naturally rule against the executive
-in the same respect as the constitution places emphasis on civil liberties via HRA if a minister violates this their actions will be ruled ultra vires