Relationship between the Supreme Court and the Executive

Reasons the SC-Ex relationship has changed

• Growth (and reduction in) judicial reviews

• Increase in liberal ideology and rights culture

• Introduction of the HRA

• Increase in liberal-minded senior judges

• Constitutional Reform Act 2005

UK judiciary no longer subordinate to the Executive

• Judges no longer reluctant to challege state power and assert rights of citizens

UK judiciary no longer subordinate to the Executive - 2017 evidence

• Gina Miler Article 50 case ruled against the govt

• Ruling that employment tribunal fees of up to £1,200 unlawful and inconsistent with access to justice

  • Also contrary to Equality Act as disproportionately affected women

    • Ministry of Justice scrapped fees and refunded those who had already paid them

UK judiciary no longer subordinate to the Executive - 2019 evidence

• Ruling of bedroom tax (housing benefit reduced by 14% for having a spare room )as unlawful as breach of right to a home under HRA

  • Full housing benefit restored to claimant and at least 155 partners of other disabled people

UK judiciary subordinate to the Executive - 2020 evidence

• Proprotion of civil judicial reviews in England and Wales (excl immigration cases) won by the claimant fell by 50%

• 26% of cases that went to a final hearing were won by the claimant

• Lowest number of civil judicial reviews since 2001 found for the claimant - 68

• UK Constitutional Law Association (2021 vs 2020)

  • SC had ‘more of a tendency to reject human rights claims’ and to ‘side with public authorities’

• 28% of human rights cases won by claimant (41% 2010-2019)

UK judiciary subordinate to the Executive - 2021 evidence

• New low of civial judicial reviews found for the claimant since 2001 - 31

• Success rate lowest on record

  • 2.2% of total cases lodged

  • 30% of cases that went to a final hearing

• 2 of 18 human rights cases successful

UK judiciary subordinate to the Executive - judicial reviews

2016-2020

• Success rate of judicial reviews

  • 4.7% of total cases lodged

  • 38.9% of those that went to a final hearing

UK judiciary subordinate to the Executive - Boris Johnson

• Attempted to pass a law banning the courts from questioning the dissolution of parliament

• Reaction to SC’s ruling on the prorogation of Plmt