Does the supreme court have a greater impact on the executive and parliament

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5 Terms

1
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Human Rights Act (Against)

Gives judges the right to issue ‘a declaration of incompatibility’

however parliament is under no legal obligation to fall into line with court rulings

The HRA is essentially a regular piece of statute

2
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Ultra vires on ministers

Judges have the ability to rule that ministers have acted beyond their statutory authority but those very ministers can use executive’s control of parliament to pass retrospective legislation which legitimises their earlier actions

3
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Brexit

massively reduces the ability to influence operation of parliament and the executive with no more EU law however it also reinstates UK Supreme Court as the highest court in Britain

4
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Constitutional Reform Act 2005

enhanced judicial independence allowing judges to hold the executive and parliament to account

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Human Rights Act (For)

Supreme court can make a declaration of incompatibility and establish legal precedent in common law