Influence of Supreme Court on Exc.

• What is judicial review?

  The judiciary's ability to review government actions
• How is judicial review often used?

  In relation to human rights issues
• What happens if a government action conflicts with the Human Rights Act?

  The court issues a declaration of incompatibility
• Can the court compel the government to act?

  No, the court cannot compel the government
• What is expected of the government after a declaration of incompatibility?

  The government is expected to modify their action
• What does 'ultra vires' mean?

  Beyond the power
• What was the court's ruling regarding convicted sex offenders in 2010?

  They should have the right to appeal after 15 years
• What was the outcome of the 2014 appeal against HS2 construction?

  The court dismissed the appeal due to Parliament's decision
• What are the arguments in favor of the Supreme Court's influence?

  • Final court of appeal for significant matters
  • Declarations of incompatibility pressure the government
  • Increasing judicial activism challenges the government
  • Court's independence limits government control
  • Human Rights Act enables upholding of liberties
• What are the arguments against the Supreme Court's influence?

  • Bound by laws passed by Parliament
  • Declarations of incompatibility cannot strike down laws
  • Court must wait for cases to come to them
  • Concerns over neutrality and independence
  • Human Rights Act is not fully entrenched