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Evaluate the view that the Supreme Court has too much influence over the executive - Edexcel - A-Level Politics - Question 2 - 2020 - Paper 2
Question 2
Evaluate the view that the Supreme Court has too much influence over the executive. In your answer you should draw on relevant knowledge and understanding of the st... show full transcript
Worked Solution & Example Answer:Evaluate the view that the Supreme Court has too much influence over the executive - Edexcel - A-Level Politics - Question 2 - 2020 - Paper 2
Step 1
Points for the view that the Supreme Court has too much influence over the executive
Answer
The Supreme Court (SC) can set aside executive actions if they are ultra vires or break the Human Rights Act (HRA). This demonstrates its authority and influence over the executive decisions. For instance, in the case of the ruling against a government policy in 2013, the SC emphasized its role in ensuring governmental actions comply with legal parameters.
Furthermore, the SC can make a declaration of incompatibility, indicating that certain laws do not align with human rights obligations. This power reinforces the SC's position in checking executive actions and promoting accountability.
The increased judicial independence since the Constitutional Reform Act has also empowered the SC, allowing it to challenge executive actions more effectively.
Step 2
Analysis for the view
Answer
While the SC does exert considerable influence, it primarily acts as a legal advisor rather than a direct political actor. Its ability to interpret and apply the law is limited to the cases brought before it, demonstrating a need for an active component from the lower courts to challenge executive actions.
Moreover, the SC cannot strike down legislation, as its rulings do not possess binding authority over Parliament. This reinforces the argument that any influence it holds is constrained and subject to the democratic process.
Step 3
Conclusion and judgment for the view
Answer
From the arguments presented, it can be concluded that while the Supreme Court does have some influence over the executive, particularly through judicial reviews and declarations, this influence is not absolute. The SC operates within a legal framework that requires Parliamentary sovereignty, indicating a balance between judicial authority and executive power. Thus, it could be argued that the SC serves a vital role in a functioning democracy without overstepping its boundaries.
Step 4
Points against the view that the Supreme Court has too much influence over the executive
Answer
Critics argue that the SC cannot overturn an Act of Parliament, hence limiting its power over the executive. The court's jurisdiction is confined to cases presented before it, which can create a perception of limited influence.
Additionally, the majority of judicial reviews often uphold the legality of executive decisions. The SC mainly responds to existing laws rather than creating new precedents, which further dilutes the argument of excessive influence.
Step 5
Analysis against the view
Answer
The judgments of the SC are often shaped by legal precedents and do not constitute a direct challenge to executive power, maintaining the notion that the judiciary is separate from political interference. This is crucial for upholding the rule of law rather than creating a scenario where the judiciary enforces its will onto the executive.
The SC's role is further asserted through its interpretation of EU law, ensuring that the UK remains compliant while also emphasizing the limits of judicial authority.
Step 6
Conclusion and judgment against the view
Answer
Ultimately, while the SC has mechanisms that can check the executive, this does not equate to overwhelming influence. The separation of powers remains intact, indicating the SC's role is complementary to, rather than overriding, executive authority. Therefore, the claim that the SC has too much influence over the executive is nuanced and requires consideration of the democratic balance within the UK political system.