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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 role of the Supreme Court in relation to parliamentary sovereignty. On one hand, Conservative MP Andrew Bridgen describes the Court's judgment as 'an absolute disgrace,' asserting that it undermines democracy by disregarding the referendum vote in 2016. This indicates a view that sees the Court as interfering with the will of the people and thus weakening parliamentary sovereignty.
Conversely, Gina Miller argues that the judgment actually reinforces parliamentary sovereignty by challenging the powers of the Prime Minister. Her perspective highlights the importance of judicial reviews as essential checks on executive power, thus suggesting that the Court’s decisions clarify the relationship between Parliament and the executive. This contrast illustrates a fundamental debate over whether judicial oversight serves to uphold or undermine parliamentary sovereignty.
Step 2
evaluate the views in a balanced way
Answer
A balanced evaluation of the views requires recognizing the validity in both perspectives. Bridgen's argument reflects a common concern about the overreach of judicial authority into political matters, which can threaten the principle of parliamentary sovereignty—the idea that Parliament should be the supreme legal authority. However, this view underestimates the Court's role in protecting legal norms and ensuring that executive actions are within lawful bounds.
On the contrary, Miller’s position emphasizes the necessity of maintaining a check on governmental power, emphasizing that without judicial reviews, Parliament could be undermined by an overreaching executive. Thus, while Bridgen fears a loss of parliamentary authority, Miller sees the Court’s function as a necessary safeguard that enhances parliamentary sovereignty by ensuring that it is not bypassed by executive actions.
Step 3
analyse and evaluate only the information presented in the source
Answer
In analyzing the source, it's important to focus on the implications of the Supreme Court's judgment as presented. The criticisms from Bridgen highlight a tension between democratic will (reflected in the referendum) and judicial interpretation, suggesting that the Court’s involvement disrupts direct expressions of popular sovereignty.
Miller’s commentary provides a counterpoint by asserting that judicial independence is vital for ensuring that Parliament retains its authority, signaling that the Court's role is not merely contradictory to parliamentary sovereignty, but essential in reinforcing it. This indicates that the actual outcome of the Supreme Court's decisions is complex, as they simultaneously challenge and preserve parliamentary authority.