Government not listening to the Supreme Court
Voting Rights for UK prisoners (2015)- government refused to comply with the ruling
Supreme Court ruling against government
2010- ruled in favour of sex offenders to appeal against registration for life
BUT Cameron said “appalled at SC ruling and would take the minimum possible approach”
Supreme Court ruling that government has acted ‘ultra vires
2016- Supreme Court ruled Legal aid residence test was ultra vires
Supreme Court issuing a ‘declaration of incompatibility’ causing legislation to be amended (3)
- 2018- R (Steinfeld and Keiden) v Secretary of State for the International Development
-Sections of the Civil Partnership Act 2014 were in conflict with the ECHR
-Legislation was amended by the Civil Partnerships, Marriages and Deaths Act 2019
Supreme Court ruling against devolved body
2016- overruled the Scottish government’s scheme to introduce the ‘named person’ service- in conflict with HRA
Example of people accusing the Supreme Court not being politically independent
2017- Miller vs Secretary of State. Ruled in favour of Miller’s argument that Brexit needed the authority of parliament to happen.
-People claimed that justices had set themselves against the democratic will of the people
Supreme Court ruling against the executive
2019-Ruled that Johnson’s proroguing of parliament unlawful
Makeup of the supreme court
0 BAME justices
92% attended oxbridge
ONLY ‘improvement’ since 2009- 91% independent secondary schools vs 2023- 75%
1 woman
Judicial independence (3)
- Terms of employment: cannot be removed from office unless they break the law, official retirement age of 70
- Pay: paid automatically from an independent budget known as the Consolidated fund
- Appointment: The Judicial Appointments Commission and the Selection Commission for the Supreme Court are transparent and free from political intervention
Example of weak parliamentary influence (THATCHER)
Margaret Thatcher 1979-87
144 parliamentary majority- neither of the Labour opposition leaders, Michael Foor or Neil Kinnock were able to change her policies
Example of weak parliamentary influence (BLAIR)
Tony Blair 1997-2001
179 parliamentary majority and the Labour party was united
-Conservatives only had 165 MPs and had internal divisions
During this period Blair didn’t lose a single parliamentary vote
Example of strong parliamentary influence (blair/brown)
- Tony Blair/ Gordon Brown 2005-2010
- Majority reduced to 66 seats and won 35.2% of the electorate
Parliamentary backbenchers were less loyal - Lost first parliamentary vote in 2005 on increasing the detention for terrorist suspects to 90 days
Example of strong parliamentary influence (MAY)
Theresa May 2017-2019
Minority government, only 317 seats and growing divisions in Conservative Party
Massive parliamentary defeats of May’s Brexit proposals in January and March 2019 -> shifted the balance of power towards the HoC
Precedent case that EU laws take precedence over UK law
- Factortame Case (2009)
- Nullified the Merchant Shipping Act 1998 favouring EU law
Northern Ireland still in EU
- Part of Johnson’s Brexit deal meant that Northern Ireland would remain in the single market of the EU
- Northern Ireland can access the 4 freedoms
- Ireland subject to EU laws and European Court of Justice
How many EU laws remain
4000
EU law that is kept
Working Time Regulations 1998 (set a maximum of 48 hour working week)
Bill that would reduce EU influence
Retained EU Law Bill- would revoke EU legislation
UK government negotiating to have more sovereignty over Northern Ireland post Brexit
Windsor Framework 2023
Parliament overruling devolved bodies
2023- Parliament used Section 35 of Scotland Act to overturn Gender and Recognition Bill
What did the 2017 Miller Case rule
Ruled that government acted ultra vires to trigger Article 50 without consent of parliament
Judicial interpretations of HRA (2)
- Abu Qatada fought deportation for 8 years using HRA article 8
- Afghan hijackers case 2005 argued through HRA article 2 to be allowed to live and work freely in the UK
