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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 opinions i... 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 opinions in the source
Answer
The views presented in Source 2 highlight contrasting opinions regarding the role of the Supreme Court in relation to parliamentary sovereignty. Some, like Conservative MP Andrew Bridgen, view the Supreme Court's ruling as undermining democracy and parliamentary sovereignty by disregarding the 2016 referendum vote. Conversely, Gina Miller emphasizes that the Court's decision is a necessary check on the powers of an 'over-mighty executive.' While Bridgen portrays judicial reviews as detrimental to Parliament's authority, Miller argues that they are essential for preserving Parliament’s independence. This contrast shows how the perceptions of the Supreme Court’s authority differ significantly among political actors.
Step 2
use evidence from the source in a balanced way
Answer
The source provides evidence illustrating both sides of the argument. Bridgen expresses his discontent, calling the Court's decision 'an absolute disgrace,' indicating a belief that the judicial system has intruded upon parliamentary affairs. This sentiment is mirrored by critics who assert that the Court has become too powerful, potentially undermining the sovereignty vested in Parliament.
In contrast, Miller argues that the Court's action was a necessary stance against executive overreach, underscoring the role of judicial reviews in ensuring that Parliament cannot wield unchecked authority. She affirms that the absence of a system to separate powers could lead to potential abuses by the executive. By presenting both perspectives, the analysis can maintain a balanced view of the situation.
Step 3
analyse and evaluate only the information presented in the source
Answer
The Supreme Court's ruling as described in the source suggests a reinforcement of parliamentary sovereignty rather than a weakening. By ruling against the Prime Minister's prorogation of Parliament, the Court established judicial oversight and accountability of governmental decisions. This intervention facilitates parliamentary function, allowing elected representatives to fulfill their roles without undue interference from the executive.
However, the source indicates a tension between judicial authority and parliamentary sovereignty. Critics argue that increased judicial power could lead to a perception of the Court as superseding Parliament's will. Nonetheless, it appears that the current judicial checks serve to uphold parliamentary sovereignty more effectively by preventing executive overreach. Therefore, while the Supreme Court plays a controversial role, its involvement ultimately supports the constitutional balance of power.