The Supreme Court has strengthened parliamentary sovereignty. Flashcards
Supreme Court enforces limits on executive power in defence of Parliament
Miller I (2017)
Miller II (2019)
Upholding the principle of statutory authority
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
Parliamnetary sovereignty is not absolute
The Human Rights Act (1998)
Between 2000 and 2020, the Court issued over 40 declarations of incompatibility related to the Human Rights Act
Judicial Expansion into high-profile Constitutional Matters
Miller 1(2017) and 2 case (2019)
Constraining the executive
–HRA 1998– A v secretary of state
-The Court declared aspects of the Mental Health Act incompatible with the ECHR in 2004.
No true jurisdiction over the government
Can issue orders of incompatibility but cannot strike down bills or acts
-Rwanda Act 2024