Supreme Court Flashcards
(6 cards)
Supreme Court shouldn’t exercise power in UK politics because ( too much power)?
Its narrow composition impedes its ability to uphold the principles of judicial neutrality
Against; why judges don’t have much power
Judges have to base each decision in law and provide a full explanation of how they reached it
Court decisions are published in full for people to scrutinise whilst cases are televised on YouTube
To ensure transparency and that it fulfils its role without being influenced by personal political views
Further, an elected SC would likely lead to it being politicised ad thus, impede its ability to be independent as seen in US
Too much power over executive why?
Sig influence over HR laws in UK, despite being unelected, and can usually compel a democratically elected Parliament to change legislation
Not much power as
Parliament could easily repeal if it wanted to
Too much power
Have the power to see i the GOV hasn’t acted beyond the authority given to them by the law in ultra vires cases, if gov has, SC can sanction them or force them to reverse their actions
E.g. BoJo 2019 proroguing parliament for 5 weeks, SC deemed unlawful, reversed the prorogation and reinstate parliament
Not much power last theme
Dissolution and calling of Parliament act 2022, introduced to repeal the fixed term Parliament 2011 act,which removed the SC’s power of judicial review in relation to the dissolution of parliament
