Relations between branches Nathan

Supreme Court role and composition

Supreme Court role and composition

• Final court of appeal where meaning of law isn’t retain; create common law (legal precedent)

• Rule on Govt actions (can strike down secondary legislation) and extent of devolved power

• Constitutional reform act 2005 replaced law lords with SC, 12 judges (appointed by selection commission of judges)

Supreme Court independence/neutrality

Yes:

• Justice sec has right to reject nominee once (Check)

• Security of tenure (not influenced by need to be reelected)

• Can’t be party members

No:

• disproportionately white, MC, male, Oxbridge, privately-educated

• Involved in unavoidably political decisions

Landmark SC rulings

• R v Jogee (2016) overturned principle of ‘joint enterprise’ (common law)

• Miller v PM (2019 rules Johnsons prerogative of Parliament unlawful - nullified this (acted Ultra Vires)

• R v Home sec (2023) rules Rwanda policy unlawful under HRA (rights protection)

• In 2022, ruled that Scottish Parliament didn’t have power to legislate for indyref2 (counted as ‘reserved power’ under Scotland act 1998) (sovereignty)

Parliamentary influence over Government

Strong:

• 1974-79 - Callaghan VONC

• 2017-19 - 33 govt defeats (including opposition majority of 230 against Brexit deal)

• Convention on Parliament authorising military action BUT may bombed Syria without parliamentary consent (2018)

Weak:

• Starmer Parliament (412 Labour MPs)

• Blair era (no defeats until 2005)

EU

• Economic unity though ‘4 freedoms’ (movement, services, capital and movement off people)

• Maastricht treaty 1992 created common EU citizenship, Lisbon treaty expanded European Parliament powers and created EU diplomatic service

• Euro introduced in 1999

• Charter of fundamental rights 2000

Impact of EU membership on UK

• Challenges to sovereignty (ECHR ruled prisoner voting ban illegal, common agricultural and fisheries policy)

• Mass immigration → rise in popularism (EU election 2019, GE 2019, reform wins in 2024)

Threats to parliamentary sovereignty

• Referendums (e.g., Brexit - estimated 73% of MPs opposed) BUT can be ignored

• Devolution (Scotland act 2016 and Wales act 2017 recognise permanence of devolved legislatures) BUT could still theoretically abolish assemblies

• Strong executive and royal prerogative (prerogative of Parliament and patronage) BUT parliamentary sovereignty reaffirmed in Miller v PM