Relations between the branches - evidence

Miller v PM 2019

• Judicial review into the prime ministers prerogative power to prorogue (suspend) parliament.

• Boris Johnson advised the monarch to suspend parliament to avoid scrutiny of the Brexit deal.

• The court ruled that Johnsons advice to the monarch had been unlawful since it was given with intention to evade parliamentary scrutiny. Prerogative powers could not undermine parliamentary sovereignty.

• Arguably, judicial review gives judges too much influence over public policy and the democratic process by contributing to the delay in Brexit, despite its approval by the public in the 2016 EU Referendum.

For Women Scotland ltd. V Scottish ministers 2025

The Court ruled that references to “sex,” “man,” and “woman” in the Equality Act 2010 refer to biological sex (sex at birth), defining legal interpretation of gender recognition in public services.

Voter ID 2022

• Confirmed that the Cabinet Office had the authority to introduce voter ID

• This appeal sought to understand whether the introduction of Voter ID was within the power of the Cabinet Office or whether Parliament should be consulted.

Friends of the earth v Heathrow Airport

Judicial Review around the question of whether the UK government ignored its climate change commitments under the Paris Agreement by giving the go-ahead for a third runway at Heathrow airport. The court ruled that construction of a third runway could proceed as the government was still considering its legal obligations on the environment.

Miller 2017

• Judicial Review into the prime ministers prerogative powers over treaties and diplomacy. The case challenged the prime minister, Theresa May’s, claim that they could automatically trigger Article 50 of the Lisbon treaty.

• The court rules that only parliament could give the prime minister this authority and their prerogative powers could not undermine parliamentary sovereignty.

Rwanda 2023

• The court ruled that the Rwanda Immigration Policy was unlawful as Rwanda is not a ‘safe country’

• There is concern that the Supreme court makes conflict more likely between the executive, parliament and the judiciary, leading to a more active and independent court.

• In particular there have been a number of disputes over immigration, terrorism, human rights and Brexit in recent years.

• This has resulted in Politicians undermining the independence of the supreme court through open criticism e.g., ‘enemies of the people’, setting minimum terms for criminal offences and sentencing guidelines for judges.

R v Home Office 2019

• Ruled that the Home Office policy of detaining asylum seekers prior to their removal amounted to ‘false imprisonment’

• The Home Office, MPs and the media have accused the court of ‘judicial activism’ in preventing the government from dealing with immigration and delaying the democratic process as voters have provided consent for policies surrounding reducing immigration.

Justice and Secuirty Act 2023

Allowed “closed material proceedings” or secret courts into the justice system, UKSC powerless to stop.

SNP Second Independence referendum 2023

• The court ruled this was beyond the Scottish Parliament’s power (ultra vires)

• Nicola Sturgeon as leader of SNP referred to it as a “denial of democracy”

Evans v Attorney General 2015

The court ruled that the press has the right to publish royal correspondence that was sent to government departments by Prince Charles. However, the government has frequently sought to limit the scope of the Freedom of Information Act e.g., following this court decision, the FOI Act was amended to exempt the Royal Family.

Cadder v HM Advocate 2020

• The court found that the Scottish Police were in breach not only of the ECHR but also of the Scotland Act (1998) in the way that they detained suspects.

• Since the UK Constitution is not entrenched, parliament can overturn rights and liberties with a simple act of parliament.

The Brewster Case 2017

• Confirmed that cohabiting couples enjoy the same pension rights as married couples under the ECHR.

• However, the Supreme Court has no enforcement power, environmental groups have claimed that the government has failed to respond fast enough to court rulings that found the government breached air quality laws that affect the health of citizens.

R v Trowland 2023

• Appeal by Just Stop Oil campaigner following high profile prison sentences which they argued were excessive due to the right to peaceful protect

• The Supreme Court Upheld Parliament’s right to deter criminal activity under the law set out in the Public Order Act.

• Without a codified constitution, rights can be removed and altered with a simple act of parliament which the courts must apply.

Bridges v South Wales Police 2021

• The court ruled that the use of facial recognition technology is unlawful during a peaceful protest.

• However, the government has introduced new powers for police to use facial recognition powers during protests under the Police Powers Act (2023)

• Another example around disruption of governments ability to enact national security

UKSC key cases (15)

• Miller v PM 2019

• For Women Scotland Ltd. V Scottish ministers 2025

• Voter ID 2022

• Friends of the Earth v Heathrow Airport

• Miler 2017

• Rwanda Ruling 2023

• R v Home Office 2019

• Justice and Security Act 2023

• SNP Second Independence referendum 2023

• Evan’s v Attorney General 2015

• Cadder v HM Advocate 2020

• The Brewster Case 2017

• R v Trowland 2023

• Bridges v South Wales Police 2021

• HM Treasury v Ahmed 2010

HM Treasury v Ahmed 2010

• The government wished to freeze the assets of suspected terrorists

• The court ruled that the government did not have the legal power to do this, as it infringed upon the presumption of innocence inherent in common law and the Human Rights Act.

Neutrality and independence - good

• The Constitutional Reform Act (2005) led to the establishment of the Independent Judicial Appointments commission (JAC)

• Lord Richards served on both the High Court and the Court of Appeals prior to his appointment in 2019

• The current Lord Chancellor of Great Britain is The Rt Hon David Lammy MP. He also holds the positions of Deputy Prime Minister and Secretary of State for Justice

Neutrality and independence - bad

• All judges are white ( White constitutes ~81% of working-age UK and BAME ~19% of the working-age population)

• There are currently only 2 female supreme court justices. (Lady Rose and Simmler)

• 11 of the justices are alma mater of Oxbridge

• 60-70% judges are privately educated compared to 7% of the UK population

• The Supreme Court ruled that although suspicionless stop and search infringe upon the right to respect for private life they are in accordance with the law. Across the UK Black People are 43 x more likely to be stopped without justification according the civil rights group, Liberty. This has raised concerns surrounding the impact of legislation on BAME communities in the UK. 

• In 2014, the lord chief justice of England and Wales condemned an attempt by government to hold a completely secret trial under the 2013 Justice and Security Act.

• The 2019 Conservative Manifesto included a pledge to reduce the power of the Supreme Court following accusation by MPs and media that Supreme Court judges were ‘enemies of the people’ over court decisions relating to Brexit. Some claim this kind of exposure could prevent the court from taking tough decisions in the future, limiting its independence.

Methods of parliament scrutinising government

• Parliament can dismiss a government with a vote of no confidence

• Parliament can defeat government legislation

• HOL can delay legislation for a year

• HOC can amend legislation

• Backbench rebellion

• Departmental Select Committees

• Free votes

• Ministers are obliged to present themselves before parliament to account for their decisions and policies

Limits to parliament scrutinising government

• HOL’s amendments to legislation can be reversed in HOC

• Government majorities enable them to dominate and control parliament

• Government controls the legislative process and can block amendments

• Whips

Votes of no confidence

• Callaghan’s Labour Government lost a vote of no confidence in 1979, triggering a general election.

• Following her historic defeat on the Brexit withdrawal agreement, Prime Minister Theresa May faced a no-confidence motion tabled by then-Opposition Leader Jeremy Corbyn. May's Conservative government survived the vote by 19 votes (325 to 306).

• Johnson was only supported by 59% of MPs in a Vote of Confidence leading to his eventual ousting.

Parliament defeating gov legislation

• May sustained the largest parliamentary defeat in history when her Brexit deal was rejected by a majority of 230 votes in 2019.

• May's Government (2015-2017) suffered 33 defeats over Brexit deals and legislation in the Commons compared to just 4 defeats by Blair and Thatcher.

HOL delaying legislation

• Plans to reduce tax credits were blocked by the Lords in 2015

• Reforms to the Welfare System under the coalition were delayed numerous times between 2010 and 2015.

Commons amending legislation

• Internal Mark Bill (2020) amended to remove the government’s ability to override parts of the EU Withdrawal Agreement.

Commons reversing HOL’s amendments to legislation

Dubs Ammendment (2020) which aimed to protect the rights of child refugees after Brexit. This amendment was then rejected by the commons.

Backbench rebellions

• Conservative Party dropped plans to relax Sunday Trading laws after opposition (2016)

• 2025 Welfare & Benefits Revolt: A substantial rebellion of over 120 Labour backbenchers opposed the government's flagship Universal Credit and Personal Independence Payment (PIP) reforms. Ministers ultimately had to enter negotiations and make concessions to avoid a major defeat.

• 2021 Covid-19 Restrictions: Under Boris Johnson, 98 Conservative MPs rebelled against the introduction of Covid passes in what was the largest backbench revolt of his premiership.

Departmental Select Committees

• The Commons Culture, Media and Sport Select Committee criticised the government for a lack of effective planning in rolling out broadband.

• Privileges Committee investigation into the Partygate Scandal prompted the resignation of Boris Johnson (2022)

Free votes

• David Cameron allowed Conservatives MPs a free vote on legalising gay marriage.

• Assisted Dying: A notable recent example was the free vote in the House of Commons on the Terminally Ill Adults (End of Life) Bill.

Ministers presenting themselves before parliament

Increase in urgent questions e.g., Angela Rayner asks urgent question surrounding the governments use of VIP lane for PPE contracts during COVID Pandemic (2022) and more recently UQ on Mandelson’s appointment as UK ambassador to UK

Government majorities

• Johnsons 80 seat majority allowed his government to introduce a post lockdown system of tiers, despite reservations from backbenchers.

• Starmer's majority of 174 MPs (now 166)  will inevitably mean that legislation will be straightforward to pass. The government pushed through nine sweeping pieces of legislation in a single concentrated burst, including the headline Tobacco and Vapes Act, the Crime and Policing Act, and the Children’s Wellbeing and Schools Act

• Johnson Govt (2019) won majority of 80 seats & Blair (Labour) (2001) won a majority of 179 seats

Government blocking amendments and controlling legislative process

• In 2020 the government overturned five House of Lords Amendments to its Brexit Bill.

• Safety of Rwanda (Asylum and Immigration) Bill (2024): The government used its Commons majority to reject several Lords amendments, including exemptions for victims of modern slavery and Afghans who assisted UK armed forces.

• Illegal Migration Bill (2023): The government rejected approximately 20 amendments passed by the Lords aimed at protecting child asylum seekers and modern slavery victims.

Whips

• Remove of the whip in 2019 from 21 Conservative MPs who voted against the government on Brexit shows how a PM can reward loyalty and punish those who are disloyal

• 7 Labour MPs were suspended in 2024 over the two-child benefit cap.

• The Rt Hon Jonathan Reynolds MP: The Parliamentary Secretary to the Treasury, widely known as the Chief Government Whip.The Rt Hon Mark Tami MP: Treasurer of His Majesty’s Household and Deputy Chief Whip.

Brexit legislation

• Northern Ireland Protocol 2021

• Windsor Framework 2023

• Retain EU Law (REUL) Act 2023

  • AAA v Secretary of State for the Home Department 2023

  • Lipton v BA Cityflyer ltd. 2024

Northern Ireland Protocol 2021

• Introduced new checks on ALL goods from Great Britain at Northern Irish ports

• Allowed NI access to EU single market for goods but required NI goods to meet EU standards

• NI regulations must align with EU even if rest of UK rules change

• EU customs and duties apply to goods entering NI from the rest of UK unless it was clear they would remain in NI

• This angered the DUP and other unionists because it created a proxy border between NI & rest of UK (this led to a DUP boycott of Stormont)

Windsor Framework 2023

• Amended NI Protocol to crate 'two lanes' for goods arriving from rest of the UK:

• Red Lane for UK goods which may be sent on to the EU

• Green Lane for UK goods remaining in NI

• The checks at NI ports would apply to Red Lane goods only

• Lifted bans (based on EU policy) that were in place on certain products (incl. chilled sausages)

• NI exempt from certain EU rules e.g. on VAT & alcohol duty

• Introduced a 'Stormont Brake' which would allow NI assembly to vote against new EU trade laws that would otherwise apply

Retain EU Law (REUL) Act 2023

• Nearly 600 'schedule 1' REUL which would be revoked/repealed at the end of 2023

• Other REUL that remained on 1st Jan 2024 would be renamed 'assimilated law'

• Gave ministers the power to 'preserve' schedule 1 laws (expired 31st October 2023) 

• Gave domestic courts greater power to depart in rulings from REUL case law and EU regulations.

• At the end of 2023 this 'retained' EU law was redesignated as 'assimilated law' and this confirmed that the lack of supremacy of EU statute and case law 

AAA v Secretary of State for the Home Department 2023

Retained EU law on asylum seekers no longer applies in the UK following changes to the law after Brexit. EU law requires that an asylum-seeker can only be sent to a third country if it is safe, and they have a connection to the country whereas UK (and international law) only requires that it is safe.

Lipton v BA Cityflyer Ltd 2024

• The UKSC ruled that law in place at the time of events of a case is what should apply

• A case that took place prior to 2023 should be judged under EU law supremacy and not assimilated law

Sovereignty (5)

• Factortame Came

• Standing Order 24

• Article 50 of EU

• 2016 EU referendum

• The Sewel Convention

Factortame Came

Prior to Brexit, it was accepted that EU law had primacy over UK law. The UK parliament could not introduce a law that conflicted with EU law, but now it can

Standing Order 24

• allows any Member of Parliament (MP) to apply for a short-notice emergency debate in the House of Commons on a "specific and important matter that should have urgent consideration".

• During the Brexit process, opposition and backbench MPs famously used this parliamentary mechanism to force urgent debates, disrupt government scheduling, and take control of the House of Commons order paper

• Parliament voted to take over the agenda of Parliament using the standing order to initiate its own vote on Brexit following the ruling by the Supreme Court in Miller II.

Article 50 of EU

• Political sovereignty rests with the governing party, the cabinet and the PM.

• Despite the need for Parliament to approve the Article 50 process, the negotiation of the Brexit deal rested with the Prime Minister and Cabinet.

EU Referendum 2016

Popular sovereignty from the referendum outcome has challenged parliamentary sovereignty. The outcome of the EU referendum served as an instruction to Parliament to deliver on Brexit.

The Sewel Convention

• the expectation that the UK Parliament would not normally legislate in areas considered to be part of the jurisdiction of the devolved bodies.

• In 2017, the Supreme Court ruled that the devolved bodies could not reject what Parliament passes in relation to Brexit.

• However, Parliamentary Sovereignty has been effectively devolved to newly created institutions such as the Scottish Parliament.