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Human Rights Act (Against)
Gives judges the right to issue âa declaration of incompatibilityâ
however parliament is under no legal obligation to fall into line with court rulings
The HRA is essentially a regular piece of statute
Ultra vires on ministers
Judges have the ability to rule that ministers have acted beyond their statutory authority but those very ministers can use executiveâs control of parliament to pass retrospective legislation which legitimises their earlier actions
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
Constitutional Reform Act 2005
enhanced judicial independence allowing judges to hold the executive and parliament to account
Human Rights Act (For)
Supreme court can make a declaration of incompatibility and establish legal precedent in common law