11.1.3 Supreme Court Influence on Executive & Parliament: Ultra Vires & Judicial Review

Judicial Review

Definition:

Influence on the Executive:

• Through judicial review, the Supreme Court can scrutinize and potentially overturn decisions made by the executive branch if they are found to be unlawful or exceed the powers granted by legislation. This acts as a check on executive power, ensuring that government actions are consistent with the law and that the rights of individuals are protected.

Influence on Parliament:

• While Parliament is sovereign, the Supreme Court can influence it indirectly through its interpretations of laws and its rulings on cases brought before it. When the Court interprets a law in a certain way, it can prompt Parliament to amend or clarify legislation. Additionally, through judicial review, the Court can declare certain actions of the executive as incompatible with existing laws passed by Parliament, indirectly shaping legislative priorities.

Doctrine of Ultra Vires

Definition:

Application in Judicial Review:

• The doctrine of ultra vires is often central to judicial review cases. If the Court determines that a public body has acted beyond its legal powers, it can strike down the action or decision. This reinforces the principle that all governmental bodies and officials must act within the confines of the law.

Influence on the Executive:

• By applying the doctrine of ultra vires, the Supreme Court can prevent the executive from overstepping its legal authority. This ensures that the executive cannot expand its powers beyond what is legally permitted, maintaining a balance of power between the branches of government.

The Supreme Court's Role in Maintaining the Rule of Law

Guardian of the Constitution:

• Although the UK does not have a codified constitution, the Supreme Court plays a critical role in upholding constitutional principles, including the rule of law, separation of powers, and parliamentary sovereignty. Through its rulings, the Court ensures that both the executive and Parliament operate within the legal framework set by the law.

Checks and Balances:

• The UK Supreme Court acts as a key check on both the executive and legislative branches. By reviewing the legality of their actions and ensuring that they do not exceed their powers, the Court helps maintain a balance between the different branches of government.

Limitations of the Supreme Court's Influence

Parliamentary Sovereignty:

• Despite its significant influence, the Supreme Court's power is limited by the principle of parliamentary sovereignty. Parliament can, in theory, pass legislation to override a court decision or change the legal framework within which the Court operates. However, such actions are rare and would typically be subject to significant political and public scrutiny.

Executive Compliance:

• While the Court can rule against the executive, it relies on the executive to comply with its judgments. Although non-compliance is extremely rare, the effectiveness of the Court's rulings depends on the willingness of the executive to implement them.

Conclusion

The UK Supreme Court plays a vital role in influencing both the executive and Parliament through judicial review and the application of the doctrine of ultra vires. It ensures that governmental actions are lawful and within the scope of their legal authority, acting as a crucial check on power. However, its influence is tempered by the principle of parliamentary sovereignty and the need for executive compliance with its rulings.