Relationship between the Supreme Court and Parliament

Parliamentary sovereignty

• Plmt is sovereign so judiciary subordinate

  • Plmt omnicompetent - able to do whatever/pass any law and expect to have this law implemented and enforced

• Judges cannot defy the will of plmt

  • Can pass opinion and recommend change but have to enforce laws made by plmt

• When interpreting law, judges have to take the wishes of Plmt into account

  • Original proceedings taken into account to establish intention of said law

Parliamentary actions that can contravene those of the SC

• Plmt can ammend or pase a new statute to correct the actions of the SC

Human Rights Act of 1998 - replacement, changes and removal

• Not entrenched, so could be replaced and therefore swing the balance of power back to Plmt and away from the judiciary

  • Could be replaced by a ‘British Bill of Rights’

    • Terms and provisions ammended by vote in Plmt (increasing power of Plmt and decreasing that of the judiciary)

    • Would ensure rights protection would rest with the democratically elected Plmt and not unaccountable judges

  • Cannot be changed as would have to be unanimously agreed by all members of the Council of Europe

  • If removed, ECHR would remain so cases would only be able to be heard in Europe

Examples of the Plmt passing a bill to override the SC - Belmarsh Case

2004

• 8 terrorist suspects held in Belmarsh prison w/out trial

• Declared incompatible w/ECHR

• Blair bassed a law in 2005 saying terrorist suspects can be held without trial for up to 42 days

Examples of the Plmt passing a bill to override the SC - freezing the assets of terrorist suspects

2010

• SC ruling that Brown couldn’t freeze the assets of terrorist suspects

• Brown passed statute to give the power to the govt

Examples of the Plmt passing a bill to override the SC - Rwanda Bill

2023

• 2023 - SC ruled Sunak couldn’t deport people to Rwanda due to it being an unsafe country, plmt acted ultra vires

• Sunak passed statute to say that Rwanda is a safe country for deportation