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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 different ... 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 different opinions in the debate
Answer
The source presents contrasting views on the role of the Supreme Court in relation to parliamentary sovereignty. On one hand, Conservative MP Andrew Bridgen argues that the Court’s judgment represents an overreach, undermining parliamentary sovereignty and disregarding the result of the 2016 referendum. This perspective suggests that the Court has become too powerful, challenging the authority of Parliament.
Conversely, Gina Miller contends that the Court's involvement is essential for maintaining a check on an 'overly executive' government, asserting that judicial reviews protect the sovereignty of Parliament. This view highlights the necessity of judicial oversight to ensure the government's compliance with legal and constitutional boundaries.
Step 2
consider how the evidence in the source is in a balanced way
Answer
The source provides a balanced analysis by presenting arguments from both sides of the debate. It references Bridgen's view on the Court as a threat to democracy and parliamentary sovereignty, while also detailing Miller's defense of the Court's roles in safeguarding these principles. By allowing both perspectives to be showcased, the source demonstrates the complexity of the discussion surrounding the Supreme Court's influence on parliamentary sovereignty.
Step 3
analyse and evaluate only the information presented in the passage
Answer
The information in the source indicates that the Supreme Court plays a pivotal role in contemporary governance, balancing the power dynamics between Parliament and the executive. The mention of judicial reviews as critical components of the legal system emphasizes that, rather than undermining Parliament, the Court can serve to reinforce its sovereignty by ensuring any governmental action is subject to scrutiny and legality.
However, the contrasting views reflect a significant concern among some political figures about the shift of power from an elected Parliament to an unelected judiciary. This raises important questions about the nature of democracy and the legitimacy of judicial interventions in political matters.
Ultimately, the debate exemplifies that the strength of parliamentary sovereignty is perceived differently, influenced by one’s political perspective and the interpretation of the judiciary’s role in a democratic society.