| How can the UKSC prevent Parliament from Abusing power and the Government? | -The Courts will Enforce the ECHR when looking into Executive Actions and Judicial Review
-Courts can NOT set a Parliamentary Legislation aside, but can Deem it Incompatible with the ECHR, applying Pressure to the Government
-The Courts can impose Common Law, to assert Citizens Rights
-Courts imposing the Rule of Law, treating all Citizens Equally. This comes as a result of Judicial Review
-Ultra Vires, the courts can Decide if a Public Body has Overstepped in their Constitutional Powers, or Legal Powers
-Public Inquiries can attempt to Force the Government to take Actions |
| What Areas do the Judiciary come into Conflict with Government? | -Criminal Cases: Judges want to be Free when determining Cases by the nature of such; Governments, responsible for Law and Order, imposes Minimum Sentences for some Crimes
-Rights: Judges have a Duty to Protect Human Rights, which may go Against Government's wishes for National Security on Terrorism
-Freedom of Expression: Government aims to Control Religious Extremism, via Prosecution, Judges aim to protect Freedom of Expression
-Freedom of Information: Government believes for National Security some Information should be Secret - the Judges argue that is Ballocks.
-Judicial Review: Judges are becoming more Open to hear Appeals from Citizens against Public Bodies that might have acted Unlawful, Overstepping, Discriminating or Negligent. Governments say Judicial Review can make Governing Hard |
| What does the Ultra Vires mean and imply? | -Means 'Beyond its Powers'
-Prevent Public Bodies from acting Unlawful
-Common Subject of Judicial Review
-Citizens and Organisations can Appeal against Decisions of Public Bodies, on Appropriate claims
-The Result, if a Case is Successful Against the Public Body is the Decision being Cancelled and, maybe, Compensation. Or it lead to Nothing |
| How can it be described that the UKSC is too Powerful? | -Judicial Review gives the Unelected Judges too much Influence on Public Policy. The 2 Brexit Judicial Reviews in the UKSC led to Brexit being delayed, despite Public Approval in the 2016 EU Referendum
-Creating the UKSC paved the way to a more Active and Critical Court on the Executive and Legislature - especially on issues like Terrorism, Human Rights and Immigration.
-HRA gives the UKSC power to Interpret the ECHR which may conflict with Governments trying to Fight Terrorism and Immigration. In 2019: the Home Office policy of Detaining Asylum Seekers was deemed 'false imprisonment |
| How can it be described that the UKSC is NOT too Powerful? | -The Court needs to wait for a Case to be brought before it - it can not Start Judicial Review. The number of Judicial Reviews are on a Downwards Trend due to cuts to Legal Aid
-Politicians undermined the Independence of the UKSC and Judiciary. For example, the setting of minimal Sentences terms for Offences means Judges have less Flexibility
-Courts simply making sure Rights are Protected. A Powerful Executive with a Majority in Parliament Determines the Range and Scope of Rights. In 2013: The Justice and Security Act allowed 'closed material proceedings' (Secret Courts) into the Justice System. Essentially there were concerns about a Fair Trail being eroded |
