Parliament and the Judiciary 102

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12 Terms

1
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What do some argue the judiciary does to parliament

Undermines parliamentary sovereignty

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ARGUMENT FOR UNDERMINIDNG PARL SOV

What happens when controversial policies are announced

speculation now focuses on whether the judiciary will allow it rather than how parliament will respond

3
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ARGUMENT FOR UNDERMINING PARL SOV

what puts political pressure on parliament and where

declarations of incompatibility with the human rights act puts pressure on parliament to amend statute law

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What do others argue

ruling support parliament

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ARGUMENT AGAINST SUPREME COURT GOING AGAINST PARL SOV

what has the supreme court defended parliament against

the executives attempt to marginalise Parliaments influence

6
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Which court case reaffirmed parliamentary sovereignty in Westminster

R ( Miller ) v Secretary of state for exiting the European union

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What did the supreme court rule in the R ( Miller ) v Secretary of state for exiting the European union

devolved legislatures in Scotland Wales NI should have no role in beginning the Brexit process

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How is parliamentary sovereignty still obtained

Parl can overrule or ignore supreme court decisions

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What takes precedence over all other sources of the constitution

statute law

including over common law rulings made by the court

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What are only advisory mechanisms?

Declarations of incompatibility

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How many declarations of incompatibility have led to legislative change between 2009 and 2024

17/34

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