The Supreme Court has strengthened parliamentary sovereignty. Flashcards

1
Q

Supreme Court enforces limits on executive power in defence of Parliament

A

Miller I (2017)

Miller II (2019)

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2
Q

Upholding the principle of statutory authority

A

In cases like HS2 (2014), the Court confirmed that UK legislation takes precedence over EU law unless Parliament explicitly says otherwise.

benefit cap case 2015

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3
Q

Parliamnetary sovereignty is not absolute

A

The Human Rights Act (1998)

Between 2000 and 2020, the Court issued over 40 declarations of incompatibility related to the Human Rights Act

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3
Q

Judicial Expansion into high-profile Constitutional Matters

A

Miller 1(2017) and 2 case (2019)

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3
Q

Constraining the executive

A

–HRA 1998– A v secretary of state

-The Court declared aspects of the Mental Health Act incompatible with the ECHR in 2004.

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4
Q

No true jurisdiction over the government

A

Can issue orders of incompatibility but cannot strike down bills or acts​

-Rwanda Act 2024

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