Relations Between Institutions - evidence

Question 1

What act created the UK Supreme Court and aimed to ensure judicial independence?

Answer 1

The Constitutional Reform Act 2005.

Question 2

What was the significance of the 2016 Miller Case?

Answer 2

It reinforced parliamentary sovereignty by ruling that Parliament’s consent was required to trigger Article 50 and begin Brexit.
The SC argued that the government didn’t follow proper procedure during Brexit - as removal from the EU meant changes in the law - which the government lacks the power to do, SC said an act of parliament needed to be passed - article 50. Additionally - led to criticisms over people arguing SC is too ‘pro-remain’. However in the end parliament quickly passed the law.

Question 3

What did the 2019 Miller Case rule on Boris Johnson’s prorogation of Parliament?

Answer 3

The Supreme Court ruled it unlawful, reinforcing that executive actions must respect parliamentary sovereignty.

Question 4

What was ruled in the 2025 FWS case?

Answer 4

The Supreme Court ruled that biological women are recognised as that sex, with support from JK Rowling.

Question 5

How many judicial reviews were filed in 2022, and how does this compare to 2013?

Answer 5

2,400 in 2022, a decrease from 15,000 in 2013.

Question 6

What was the outcome of the Factortame case (2000)?

Answer 6

It showed that EU law could override UK law, challenging parliamentary sovereignty.

Question 7

What did Scotland do in 2008 regarding university tuition fees?

Answer 7

It scrapped tuition fees, going against the Higher Education Act 2003 passed by Westminster.

Question 8

What happened to South Cambridgeshire Council in 2023 over its 4-day work week trial?

Answer 8

The government threatened to withhold funding.

Question 9

What was the Supreme Court’s ruling on IndyRef2 in 2022?

Answer 9

It ruled that the Scottish Parliament did not have the legal authority to hold a second independence referendum.

Question 10

What happened to Scotland’s Gender Recognition Reform Bill in 2023?

Answer 10

It was vetoed by the UK Government under Section 35.

Question 11

What powers does the UK Parliament retain over devolved institutions?

Answer 11

Parliament can legally override devolved laws and even dissolve devolved governments, as seen during Stormont suspension (2022–24).

Question 12

What are some key acts legitimising devolution through referendums?

Answer 12

The Scotland Acts (1998, 2016), the Northern Ireland Act 1998, and the Wales Acts (1998, 2006, 2017).

Question 13

What are the Kilmuir Rules and how have they changed?

Answer 13

1950s rules discouraging judges from engaging with media, now largely disregarded, especially during Brexit.

Question 14

What criticisms arose around judicial neutrality during the Miller cases?

Answer 14

Accusations of liberal bias, media attacks, and judges’ personal EU sympathies.

Question 15

What actions did Boris Johnson take following the 2019 Miller case?

Answer 15

He proposed the Constitution, Democracy and Rights Commission to potentially reform judicial appointments.

Question 16

How has media attacked the judiciary?

Answer 16

Headlines like “Enemies of the People” in 2016; accusations of bias and personal connections to EU supporters.

Question 17

What comment did Rishi Sunak make about the Supreme Court and the Rwanda Bill?

Answer 17

He criticized the Court, saying he was “tired of a foreign court blocking flights.”

Question 18

What did Lady Chief Justice Sue Carr warn about in 2025?

Answer 18

She expressed concerns over Starmer’s criticism of a Supreme Court ruling on immigration, stating it threatened judicial independence.

Question 19

How does the CRA 2005 enhance judicial independence?

Answer 19

By removing Law Lords from the House of Lords, creating a separate Supreme Court, and reducing the Lord Chancellor’s role.

Question 20

What mechanisms ensure judicial neutrality?

Answer 20

Judicial training, peer review, recusal for conflicts of interest, and contempt laws protecting judges from interference.

Question 21

What is the importance of security of tenure and judicial pay?

Answer 21

Judges cannot be fired for rulings, and pay is independent of political control—preventing manipulation.

Question 22

How does Parliament hold the executive to account?

Answer 22

Through amendments to legislation, such as in the Police, Crime, Sentencing and Courts Act 2022.

Question 23

What role does the Supreme Court play in checking the executive?

Answer 23

It can rule government actions as ultra vires, e.g., the 2019 prorogation case.

Question 24

Can the Supreme Court stop Parliament from passing laws like the Rwanda Plan?

Answer 24

No, it can interpret laws and suggest amendments, but cannot prevent Parliament from passing legislation.

Question 25

What happened to devolution in Northern Ireland during the Stormont suspension (2022–2024)?

Answer 25

Powers were repatriated to Westminster, demonstrating Parliament’s ability to reclaim devolved powers.

Question 26

What were the results of major UK devolution referendums?

Answer 26

1997 Scottish referendum: 75% Yes 1997 Welsh referendum: 51% Yes 2011 Welsh law-making referendum: 60% Yes

Question 27

How does the Human Rights Act 1998 support judicial sovereignty?

Answer 27

It allows UK courts to assess whether Acts of Parliament comply with ECHR standards, effectively enabling constitutional review.

Question 28

Give examples of judicial influence leading to changes in UK law.

Answer 28

Terrorist-Asset-Freezing Act 2010: DNA data retention violated presumption of innocence. Civil Partnership Act 2019: Required change to allow heterosexual couples to register civil partnerships.

Question 29

What examples show ministers attacking judicial independence?

Answer 29

Priti Patel called judges “lefty-lawyers” Dominic Cummings wanted to “get the judges sorted” Johnson threatened “consequences” post-prorogation ruling (2019)

Question 30

How has judicial independence been threatened by comments on the Rwanda Bill?

Answer 30

Rishi Sunak criticised courts for blocking deportation flights, saying “My patience has been worn thin.”

Question 31

What case examples show judicial willingness to challenge the state?

Answer 31

Miller I & II (Brexit and Prorogation) Abu Qatada (2012) Zimbabwean refugees case (2012) Prisoner voting rights – HRA declaration of incompatibility

Question 32

How has the number of judicial reviews changed since 2010?

Answer 32

Judicial reviews have decreased, from 15,000 in 2013 to around 2,400 in 2022, reflecting greater filtering or reduced public legal challenges.

Question 33

How did media coverage undermine judicial neutrality in the 2017 Miller case?

Answer 33

The Daily Mail accused six justices of having pro-EU ties, which questioned their impartiality and damaged public trust in judicial independence.

Question 34

What concerns did Lady Chief Justice Sue Carr express in 2025?

Answer 34

She warned that Starmer’s public criticism of the Supreme Court over a Gazan resettlement case and talk of using secondary legislation to override it threatened judicial independence.

Question 35

What was the significance of the 2025 For Women Scotland case?

Answer 35

The SC ruled that only biological women can be legally recognised as such, affirming legal definitions. JK Rowling financially supported the legal challenge (£70,000).

Question 36

How did the Supreme Court rule on the 2023–24 Rwanda asylum policy?

Answer 36

The policy was deemed unlawful, breaching Article 3 ECHR due to risk of asylum seekers facing mistreatment. However, Parliament responded with the Safety of Rwanda Act 2024, showing ultimate sovereignty.

Question 37

What did the SC rule in R (Miller) v Prime Minister (2019) about prorogation?

Answer 37

Boris Johnson’s prorogation was ruled unlawful and void, reinforcing that no one is above the law, including the PM. Parliament reconvened immediately.

Question 38

What did the Supreme Court decide in the 2022 Scottish Independence Referendum Bill case?

Answer 38

The SC ruled that Holyrood could not hold an independence referendum without Westminster’s approval, reaffirming UK constitutional limits on devolved powers.

Question 39

What did the 2021 R v Secretary of State for Business case establish?

Answer 39

The SC ruled that the Internal Market Act 2020 was within Parliament’s powers, even if it affected devolved competencies, emphasising parliamentary sovereignty.

Question 40

What was the result of Agnew v Secretary of State for Justice (2024)?

Answer 40

The SC issued a declaration of incompatibility under Article 3 ECHR regarding prison conditions, but did not compel a change, showing limitations of judicial power.

Question 41

What warning did the SC issue in R v Lord Chancellor (2023)?

Answer 41

While it upheld the use of secondary legislation to change legal aid eligibility, the SC warned against using it for major policy changes, protecting parliamentary scrutiny.

Question 42

How did the ECJ rulings on data retention impact UK law (2014 & 2016)?

Answer 42

They invalidated the UK’s Data Retention and Investigatory Powers Act, forcing revisions and leading to the Investigatory Powers Act 2016.

Question 43

Why was the 'Tampon Tax' an example of EU overreach for Brexiteers?

Answer 43

EU rules blocked the UK from removing VAT on sanitary products, despite public demand. Only after Brexit could the UK scrap the tax.

Question 44

How did the EU support the UK after the Salisbury poisoning in 2018?

Answer 44

The EU backed the UK’s response by supporting sanctions and expelling Russian diplomats, showing solidarity on foreign policy.

Question 45

How did the EU back the UK over the Falklands in 2013?

Answer 45

The EU passed a resolution supporting the Falkland Islanders’ right to self-determination, affirming UK sovereignty over the territory.

Question 46

How did the Northern Ireland Protocol (2019–2023) challenge UK sovereignty?

Answer 46

Goods between GB and NI faced EU checks, leading to UK-EU disputes. The UK tried to override the protocol, resulting in legal action. The Windsor Framework resolved tensions.

Question 47

What happened during the passage of the Safety of Rwanda Act 2024?

Answer 47

The Lords repeatedly defeated amendments on legality and rights, but MPs overturned them. The bill went through five rounds of ping-pong before passing.

Question 48

Why couldn’t the government invoke the Parliament Acts for the Rwanda Bill?

Answer 48

As the bill started in the Commons and was part of the manifesto, the Lords had leverage, but eventually backed down.

Question 49

How were emergency powers used during COVID-19?

Answer 49

Ministers used the Coronavirus Act 2020 to make laws before showing them to MPs, bypassing normal parliamentary scrutiny.

Question 50

What does the passage of the Online Safety Act 2023 reveal about parliamentary scrutiny?

Answer 50

The bill faced extensive committee review (15 months in Commons, 1 year in Lords) and over 300 amendments, showing how expert and bicameral scrutiny can reshape law.

Question 51

How did the government pass the controversial Elections Act 2022?

Answer 51

Ministers introduced photo ID for voting. Lords tried to amend it twice, but ministers used their majority to pass it, offering free voter ID to appease critics.