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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
Step 1
Answer
The source presents two contrasting opinions regarding the Supreme Court's impact on parliamentary sovereignty. On one hand, Conservative MP Andrew Bridgen criticizes the Supreme Court's decision as an 'absolute disgrace,' asserting that it undermines the will of the people as expressed in the 2016 referendum. He argues that the Court has overstepped its bounds, making judicial reviews a vehicle for ignoring parliamentary decisions.
In contrast, Gina Miller asserts that the Court's decision is a positive reinforcement of parliamentary sovereignty. She emphasizes that the judicial review process is crucial for scrutinizing the actions of an overreaching executive. Thus, while Bridgen sees the Court as a threat to democracy, Miller views it as an essential check on executive power.
Step 2
Answer
While Bridgen's view highlights the concern of judicial overreach and potential erosion of popular sovereignty, it does not fully consider the role of the judiciary in protecting democratic principles. Miller's perspective offers a counterpoint, illustrating how judicial reviews enable Parliament to maintain its authority against executive actions that may otherwise bypass democratic scrutiny. This dialectic reveals that the Court's function might serve both to empower Parliament and to prevent the abuse of power by the executive. Evaluating both opinions indicates that the Court's role can be perceived as both a protector and a challenge to parliamentary sovereignty, necessitating a nuanced understanding.
Step 3
Answer
The information posits that the Supreme Court serves a dual role in relation to parliamentary sovereignty. On one side, it is portrayed as an adversary to the Parliament, as suggested by Bridgen's critique, which raises concerns about judicial independence infringing on legislative authority. On the other hand, Miller positions the Court as a facilitator of parliamentary sovereignty, arguing that it helps to uphold the integrity of Parliament by clarifying its powers and ensuring them against executive encroachment. Consequently, an evaluation of the text suggests that the Supreme Court has indeed taken on a role that both strengthens and complicates the notion of parliamentary sovereignty.
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