- In the UK there is no entrenched constitution but it is fundamentally akin to the US constitution
- Possible for the supreme court to strike down acts of Parliament
The
4 Main Strands Of The Supreme Court:
- Revising and reviewing legal precedent established under Common Law
- Making ultra-vires ruling where court judges have acted beyond there authority
Addressing disputes under EU law - Issuing ‘declaration of incompatibility’ under the HRA 1998
Lord
Philips Predictions:
- “Change would essentially be one of a form rather than substance which has been largely borne out”
- Nothing will change
Is
The Supreme Court Too Powerful:
- There has been a luring of the radiation distinction between politicians who make the laws and the judges who apply it
- Senior judges are ‘politicians in robes’
- Senior judges play in interpreting and clarify when resolving disputes that go over it
- Supreme Court is a quasi-legislation: The impact of differences in the SC interpretation over time can appear tantamount to legitimise change even though Parliament has not changed statute law.
Does
Leaving The EU Impact The HRA And The HCHR:
- Under threat by sovereignty and independence
- Because it is completely separate, leaving would have no impact
- Leaving the EU means leaving the ECHR not HRA
Legal
Impact Of EU Leaving:
- EU means EU law will not take precedence under UK law
- Would impact the judiciary as the proportion of currently cases relate to EU law. Some aspects of the law would, however, enhance the SC authority and status.