ETVT the Supreme Court is a powerful institution

T1 – Brexit and the EU, Powerful

SC sig power over Brexit ruling despite ref results.

May treaty soft Brexit using perog powers (w/o parl approval).
Miller 1 SC ruled parl brought UK into ECC, only parl can take out of EU.
Sig impacted parl, ruined May premiership (appeared weak), led to hard Brexit 2019/20 that parl voted on. }

Demonstrates SC power, ability to go over PM jurisdiction, uphold parl sov by defying ref results.

T1 – Brexit and the EU, Weak

Brexit rendered many SC ruling inapplicable regarding EU.

Factortame ruled Merchant Shipping Act 1998 (req fishing boats 75% UK owned) incompatible with EU law (took primacy, legislative supremacy). Sig ruling set precedent for other cases, e.g. Hemmati. However, made redundant as law depends on EU membership.

Many sig rulings made obsolete, limits of supreme court power made clear, parl sov takes supremacy.

T1 – Brexit and the EU, Overall

SC not powerful, despite potential power in Brexit negotiations, net negative on power of body.

T2 – fDOIs, Powerful

SC can challenge parl with fDOI granted by HRA.

Steinfeld success in achieving civil partnership for heterosexual couples (discrimination, can only marry unlike homosexual Marriage Act 2013 and Civil Partnerships Act 2004). fDOI acknowledged incompatibility with ECHR A14, law changed 2020.

Case of Bellinger, challenged Matrimonial Causes Act 1973 based on sex, allowed for transgender to marry as law incompatible with A8 (private) and A12 (marriage), Gender Recognition Act 2004.

SC capable of holding parl accountable, lead to legislative change.

T2 – fDOIs, Weak

fDOIs non-binding, purely advisory, so easily ignored and rendered useless.

Belmarsh 9, ATCS act 2001 allowed indefinite detention of terrorist suspects w/o trial, 9 detained sought justice (breach of HRA A5). fDOI ruled, gov ignored despire discriminatory practice, 8-1 ruling. Only overturned law after public outrage, no fDOI willingly enforced.
2026 unanimous ruling on Palestine Action proscription unlawful, yet Mahmood still committed to appealing.

fDOIs not legally binding, so can be ignored, too inconsistent to be viable.

T2 – fDOIs, Overall

SC limitations show how parl sov undermines SC’s power (result of gov by consent rather than unelected).

CCLN

SC limited in their power, entirely dependent on actions of parl, which can ignore completely. In theory, parl can ignore all judgements of SC without fail.