Evaluate the view that the SC provides and effective check on parliament and the executive

Question 1

LOA

Answer 1

Yes it does, but stronger governments are able to ignore it

Question 2

Para 1 - Weaker - Judicial Review weakness

Answer 2

• with R (AAA) v Sec of State for Home Dep in 2023 the SC ruled that Rwanda was not safe for asylum seekers but the government introduced legislation saying it was safe and the SC ruling was overturned
• with the Spare Room Subsidy in 2013 the Supreme court ruled it discriminated against disabled families but the law is still in place

Question 3

Para 1 - Stronger - Judicial review strength

Answer 3

• in 2010 the SC ruled that government ability to freeze suspected terrorist assets was unlawful and it should be discussed in parliament first
• R (UNISON) v Lord Chancellor 2017 the SC struck down employment tribunal fees and said they were unlawful, government stopped the scheme and gave refunds to all affected
• R (Public law Project) v Lord Chancellor SC ruled residents test for access to civil justice was Ultra Vires and blocked

Question 4

Para 2 - Weaker - Judicial independence

Answer 4

• in 2022 the ministry of Justice (Lord Chancellor Alex Chalk) rejected a pay increase of 3.5% for judges possibly motivated by the rulings that didn’t go his way such as the 2022 Rwanda Bill
• Daily Mail labelled Supreme Court judges as Enemies of the People after Brexit Ruling
• following the R Miller v Sec of State for exiting the EU in 2016 Farage made comments against the ruling and called for a march on the SC in protest (got cancelled)

Question 5

Para 2 - Stronger - Judicial Independence

Answer 5

• Creation of the Judicial Appointments Commission + Senior Salaries Review Body so no political influence in judiciary
• Security of Tenure so they cant be fired until 75
• after the 2017 Grenfell disaster politicians agreed not to comment on legal proceedings
• After R (Miller) v The Prime Minister 2019, Johnson said ‘he would respect the decision’

Question 6

Para 3 - Weaker - Judicial Neutrality

Answer 6

• people have ignored the Kilmuir rule, in 2016 ahead of EU ref, president of the SC Lord Neuberger commented on the damaging legal implications of Brexit
• average age of Supreme court judges in 60 (40 average age in UK)
• 2 out of 12 judges female (Lady Simler and Lady Rose)
• 1 out of 12 judges BAME (Lady Simler)

Question 7

Para 3 - Stronger - Judicial neutrality

Answer 7

• Kilmuir rule upheld in 2015 Judge Richard Page made comments about his views opposing same-sex marriage and after backlash he stepped down
• after the Gina Miller 1 case ruling in 2016, the law society came out and defended the SC
• during judicial reforms of 2013-15 the law society offered advice on how to stay neutral