Relationship between the Supreme Court and the Executive

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7 Terms

1
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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

2
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UK judiciary no longer subordinate to the Executive

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

3
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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

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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

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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’

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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

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UK judiciary subordinate to the Executive - evidence

2016-2020

  • Success rate

    • 4.7% of total cases lodged

    • 38.9% of those that went to a final hearing