SC influence on government

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Created by
Jainisha Karadia

Cards (9)

  • Constistutional Reform Act 2005 enhanced judicial independence by diminishing the role of lord chancellor and removing the UK's most senior judges from the House of Lords. As a result judges are more likely to feel able to hold the executive and parliament to account
  • Human Rights Act 1998 meant that judges could hear cases under the ECHR and directly challenge Acts of Parliament
  • Factortame case - precedent seet meaning judges could suspend actions of parliament and the executive when they have breached EU law
    no longer applicable due to Brexit
  • Extension of EU law through the Maastricht Treaty brought judges into greater conflict with other branches of government across a wider range of policy areas
  • Increase of judicial action - use of judiciary to settle disputes
  • Physical separation of the Supreme Court was a symbolic change rather than a constitutional one but it allowed for them to create a public profile and it shows the separation of powers
  • The Supreme Court has been criticised for being too political, especially during the Brexit process where it appeared to be taking sides against the government.
  • The Supreme Court is not elected so there is no democratic legitimacy or mandate for its decisions
  • Ultra vires cases can lead to retrospective legal changes to legitimise ministers' previous actions