10-Supreme Court, EU and Sovereignty

Constitutional Reform Act 2005

Parliament passed this act to improve and guarantee the independence of the UK judiciary.

Supreme Court and Brexit

SC ruled government lacked power to trigger Article 50 without Parliament's approval, reinforcing parliamentary sovereignty.

Number of judicial reviews

2,400 judicial reviews in 2022; down from 15,000 in 2013.

2016 Miller Case

Gina Miller case reinforced that Parliament's consent is needed to trigger Article 50, affirming parliamentary sovereignty.

2019 Miller Case

Supreme Court blocked unlawful proroguing of Parliament by Boris Johnson, confirming parliamentary sovereignty.

2025 FWS case

Supreme Court ruled biological women are recognised as that sex; JK Rowling paid £70,000 to the cause.

Scotland and tuition fees

Scotland scrapped tuition fees in 2008, contradicting the Higher Education Act 2003 from Westminster.

South Cambridgeshire Council 2023

Government threatened to withhold funding after trialling a 4-day working week.

2022 Scottish Independence Referendum 2

Supreme Court struck down the proposed second referendum.

Scotland's Gender Recognition Reform Bill 2022

Vetoed by UK Government under Section 35 in January 2023, not by Supreme Court.

Factortame case 2000

Demonstrated EU law takes precedence over Acts passed by UK Parliament.

Police, Crime, Sentencing and Courts Act 2022

Parliament holds the executive to account by amending legislation.

Sovereignty in UK

Ultimate power lies with Parliament; no branch can peacefully overrule it.

Asymmetrical devolution

Devolution powers are decentralised but Parliament retains ultimate veto.

Supreme Court and Scottish Referendum 2022

Supreme Court denied the legality of the second Scottish Independence Referendum.

Gender Recognition Reform Bill 2023

Struck down by Westminster Parliament; viewed as "collateral damage" to Scottish democracy.

Stormont suspension (2022-24)

Devolution powers for Northern Ireland temporarily repatriated to Westminster.

Parliament’s legislative power

Supreme Court can interpret laws but cannot make or stop laws; rulings based on statute laws.

Rwanda Plan legislation

Supreme Court cannot stop the Rwanda Plan despite several amendments.

Supreme Court and executive power

Has power to prevent executive ultra vires actions, e.g., blocking Johnson's prorogation in 2019.

Referendum results

Are advisory and not legally binding due to uncodified constitution.

Supreme Court and Scottish Independence Referendum

Supports Parliament’s sovereignty over devolved powers, blocking second referendum.

Local sovereignty

Inconceivable to reverse devolution due to democratic legitimacy from referendums.

Devolution Acts

Scotland Act 1998, 2016; Northern Ireland Act 1998; Government of Wales Acts 1998, 2006, 2017 all based on referendums.

Referendum results supporting devolution

1997 Scotland (75:25), 1997 Wales (51:49), 2011 Wales (60:40) confirmed devolved powers.

Reversing devolution risks

Would cause political suicide and loss of public support.

Judicial sovereignty

Judiciary keeps executive powers in check via ECHR and Human Rights Act 1998.

Constitutional Reform Act 2005

Established judicial independence by removing Law Lords from legislature and reducing Lord Chancellor role.

Terrorist Asset Freezing Act 2010

Challenged for violating human rights, protecting freedom and presumption of innocence.

Civil Partnership Act 2019

Allowed heterosexual couples to register civil partnerships, requiring law amendments.

Popular sovereignty

In representative democracy, Parliament should respect referendum results even if not legally binding.

EU referendum 2016

Demonstrated conflict between MPs (mostly Remain) and public (52% Leave), showing decline of representative democracy.

Kilmuir Rules

1950s rules preventing Judiciary from media engagement, now in decline.

Judicial neutrality and Brexit

Alleged broken neutrality during Brexit-related cases.

Lack of diversity in Judiciary

Most justices Oxbridge educated, no BAME representation, similar socio-economic backgrounds.

Right-wing criticism of SC

Claims of liberal bias after Miller cases ruling against government.

Media scrutiny of Judiciary

Press attacked judges during Miller cases; Daily Mail exposed justices’ pro-EU connections.

Politicisation attempts

Johnson proposed judicial reforms, including parliamentary confirmation of SC justices.

Ministers criticizing courts

Priti Patel called judges ‘lefty-lawyers’; Dominic Cummings wanted "to get the judges sorted."

Johnson and SC in 2019

Threatened consequences after SC forced reopening of Parliament.

Media attacks 2016

Daily Mail called 3 judges "enemies of the people."

Political scrutiny of SC

Rishi Sunak criticized SC on Rwanda Bill despite its legal reasoning.

2025 Lady Chief Justice letter

Warned government over Starmer’s comments threatening judicial independence.

Judicial training and neutrality

Justices undergo extensive legal training and sign up for neutrality.

Recusal of judges

Judges must recuse themselves if conflict of interest arises.

Peer reviews

Decisions on ECHR matters may be reviewed by ECourtHR; cases heard by multiple judges to ensure impartiality.

Constitutional Reform Act 2005

Separated judiciary from legislature, improving judicial independence.

Judicial Appointments Commission (JAC)

Reduced government influence by allowing judges to decide 97% of lower court appointments.

Supreme Court challenging government

Examples: 2012 Zimbabwean refugees case, Gina Miller cases 2016 & 2019, Abu Qatada case 2012.

Contempt of Court Act

Protects judicial independence by banning prejudicial media reporting of active cases.

2012 media fines

Daily Mail and Daily Mirror fined for breaching contempt of court rules.

Security of tenure for judges

Judges cannot be removed for decisions; only for proven corruption.

Sub Judice rule

Government servants cannot publicly comment on ongoing cases to avoid contempt of court.

Judicial pay

Salaries set by independent body, cannot be cut or manipulated politically.

Judicial restraint

SC shows restraint in cases like Nicklinson (2014) on assisted death.

Ministers’ commitment

Publicly support judicial independence despite political conflicts.