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Question 1
Using the source, evaluate the view that the Supreme Court has strengthened parliamentary sovereignty. In your response you must: - compare and contrast opinions f... show full transcript
Step 1
Answer
The source presents two contrasting viewpoints on the relationship between the Supreme Court and parliamentary sovereignty. Conservative MP Andrew Bridgen criticizes the Supreme Court's decision, describing it as an 'absolute disgrace' and claiming it undermines democracy by disregarding the 2016 referendum. This perspective focuses on the belief that the Court has overstepped its bounds, thereby weakening parliamentary sovereignty.
In contrast, Gina Miller argues that the Supreme Court strengthens parliamentary sovereignty. She states that judicial reviews are essential for maintaining the separation of powers, suggesting that the Court acts as a check against an overreaching executive. By asserting the necessity of judicial reviews, Miller posits that the Court plays a crucial role in upholding parliamentary sovereignty rather than undermining it.
Step 2
Answer
When examining the evidence presented in the source, it is essential to acknowledge both sides. Bridgen’s viewpoint emphasizes the potential threat to democratic principles from judicial oversight, illustrating a common concern among politicians who see the judiciary as encroaching upon parliamentary authority. This interpretation underscores a fear of judicial activism.
On the other hand, Miller’s perspective highlights the importance of checks and balances in a democratic system. She asserts that without the Court’s oversight, the executive could operate unchecked, thus endangering the legislative body. This evidence showcases the Court as a guardian of parliamentary sovereignty, suggesting that the Court ensures that Parliament’s authority is not eroded by the executive.
Step 3
Answer
The analysis of the source indicates that there is a significant debate regarding the role of the Supreme Court in relation to parliamentary sovereignty. The contrasting opinions of Bridgen and Miller provide insight into the complexities of this relationship. Bridgen's claim of an overreach is grounded in a perception that the judiciary is meddling in political matters, which some might argue is a legitimate concern about the separation of powers.
Conversely, Miller makes a strong case by emphasizing the necessity of the Court’s role in preserving democracy through judicial reviews. This analysis leads to the evaluation that the Supreme Court’s actions can be interpreted as a safeguard for parliamentary sovereignty, asserting that the Court’s independence helps to maintain the balance of power. Overall, the information supports the conclusion that the Supreme Court enhances parliamentary sovereignty by providing a check against the potential overreach of the government.
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