UKSC provides an effective and legitimate check on the power of the exec

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Last updated 12:28 PM on 6/4/26
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Nov 2023 UKSC Rwanda

  • UKSC ruled the government’s Rwandan asylum policy unlawful

  • found it left individuals at risk of human rights breaches

  • Stated there had not been a proper assessment of whether Rwanda was a safe third country

  • UK gov didn’t deport anyone

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Why does the UK Gov comply with rulings

  • Demonstrates a commitment to the rule of law and reinforces the legitimacy of the government

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Examples showing gov using new legislation to overcome UKSC decisions

  • Rwanda Safety Act 2024 passed in direct opposition to the UKSC ruling in Nov 2023

  • Terrorism Asset Freezing Act 2010

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Example conflicts with the HRA

  • UK gov continues to derogate from HRA with use of Whole Life Orders and restrictions on prisoner voting rights

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Problems with judicial review

  • expensive process

  • one day costs £25,000 -£40,000

  • most fail

  • on average 2500 applications made per year 2020-25 only 8% reached court