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Using the source, evaluate the view that the Supreme Court has strengthened parliamentary sovereignty - Edexcel - A-Level Politics - Question 1 - 2021 - Paper 2
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 i... show full transcript
Worked Solution & Example Answer:Using the source, evaluate the view that the Supreme Court has strengthened parliamentary sovereignty - Edexcel - A-Level Politics - Question 1 - 2021 - Paper 2
Step 1
compare and contrast opinions in the source
Answer
The source presents differing perspectives on the role of the Supreme Court in relation to parliamentary sovereignty. Andrew Bridgen argues that the Supreme Court's judgement is detrimental to democracy, portraying it as an intrusion that undermines the referendum vote to leave the EU from 2016. This viewpoint suggests that the Court is overstepping its bounds, thereby compromising parliamentary sovereignty.
In contrast, Gina Miller advocates for the importance of judicial reviews, indicating that they are essential for ensuring that the executive adheres to the law. She asserts that the Court's actions support parliamentary sovereignty by clarifying the powers of Parliament, especially against an overreaching executive. This suggests a more protective role for the Court in maintaining the balance of power within the government.
Step 2
assess the view that the source is biased
Answer
The question of bias in the source can be assessed through the representation of opinions. The first perspective, by Bridgen, reflects a critical stance on the judicial authority, possibly resonating with those who prioritize direct democracy through referendums. Conversely, Miller's viewpoint emphasizes the necessity of judicial intervention, reflecting a belief in the rule of law as a safeguard against potential governmental overreach.
Such contrasting views highlight a potential bias in terms of the values and priorities attributed to parliamentary sovereignty and judicial authority. However, both perspectives can coexist in the broader discourse surrounding the role of the Supreme Court, thus making it less a matter of clear bias and more of ideological divergence.
Step 3
analyse and evaluate only the information presented in the source
Answer
The information provided in the source indicates a complex interaction between judicial power and parliamentary sovereignty. Bridgen’s claim of the Supreme Court's judgement as an 'absolute disgrace' emphasizes the anxiety surrounding judicial review’s impact on democratic decisions made via referendums. This points to a potential conflict where judicial interpretations might conflict with popular sovereignty as expressed in a referendum.
On the other hand, Miller's perspective highlights that judicial reviews serve to clarify the function of Parliament within the political system; this is essential for upholding a functional democracy. The source ultimately illustrates a crucial dialogue about the nature of power and accountability in governance, indicating that while the Supreme Court may appear to strengthen parliamentary sovereignty, it also raises questions about the legitimacy of judicial intervention in legislative affairs.