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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 source presents contrasting views regarding the Supreme Court's impact on parliamentary sovereignty. On one side, Conservative MP Andrew Bridgen expresses a negative view, describing the Court's judgement as an 'absolute disgrace.' He believes it undermines parliamentary authority by disregarding the 2016 referendum result, suggesting that unelected judges are overstepping their boundaries.
In contrast, Gina Miller advocates for the importance of judicial review as a means of holding the government accountable. She argues that this sort of accountability is essential for maintaining parliamentary sovereignty against an overly powerful executive. Thus, while Bridgen sees the Court as a threat to democracy, Miller views it as a necessary check on government power.
Step 2
analyze and evaluate the views in a balanced way
Answer
The differing opinions highlight a fundamental debate about the relationship between the judiciary and the legislature. Bridgen’s perspective reflects a populist concern that judiciary intervention may ignore the will of the people as expressed in the referendum. He fears that judicial decisions could create precedents that chip away at parliamentary decision-making.
Conversely, Miller's view underscores the importance of checks and balances in a democratic system. She posits that with judicial oversight, Parliament can respond effectively to executive overreach, allowing the public's concerns to be addressed, which strengthens democracy, rather than weakening it. Evaluating these views requires acknowledging that while there may be legitimate concerns about overreach, the monetary benefits of having an independent judiciary should not be underestimated.
Step 3
evaluate and critically evaluate only the information presented in the text
Answer
The source presents a nuanced perspective on parliamentary sovereignty and the role of the Supreme Court. It illustrates how, through judicial reviews, the Court can act as a safeguard against potential government excesses. However, some opinions reflect a fear that the Court's intervention may lead to a disconnection between the electorate's wishes and parliamentary outcomes.
Ultimately, the evaluation must consider both the protective role of the judiciary in upholding the principles of democracy and the risks posed by its potential overreach. By weighing both sides, one can conclude that while the Supreme Court does play a significant role in strengthening parliamentary sovereignty, its actions must remain balanced to maintain public confidence in the political system.