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Evaluate the view that the Supreme Court has too much influence over the executive - Edexcel - A-Level Politics - Question 2 - 2020 - Paper 2
Question 2
Evaluate the view that the Supreme Court has too much influence over the executive. In your answer you should draw on relevant knowledge and understanding of the st... show full transcript
Worked Solution & Example Answer:Evaluate the view that the Supreme Court has too much influence over the executive - Edexcel - A-Level Politics - Question 2 - 2020 - Paper 2
Step 1
Points for the view
Answer
The Supreme Court (SC) can indeed set aside executive actions if they are found to be ultra vires or breach the Human Rights Act (HRA). This ability to declare actions incompatible with the HRA enhances the court's influence over the executive. Furthermore, the SC can make a declaration of incompatibility, which challenges the actions of the government, even though these declarations are not legally binding. Increased judicial independence due to reforms such as the Constitutional Reform Act have empowered the SC in this capacity. The increase in judicial reviews against executive decisions indicates a growing reluctance of the governmental departments to operate without oversight, thus suggesting that the SC holds significant sway over the executive functions.
Step 2
Points against the view
Answer
However, there are arguments that suggest the SC does not have excessive influence over the executive. The SC cannot strike down an Act of Parliament, as it is not empowered to overrule legislative decisions. It can only interpret laws as they are brought before it. Additionally, the majority of judicial reviews are concerned with the manner in which laws have been applied, rather than the constitutionality of the laws themselves. This focus on procedural legality reinforces the SC’s role as an arbiter of law rather than as an active player in the political arena. The SC also tends to avoid involving itself directly in political questions, thus maintaining a degree of separation from the executive powers.
Step 3
Analysis for the view
Answer
The SC’s ability to declare actions incompatible with existing laws demonstrates a level of oversight critical for a functioning democracy. Such authority can be seen as a safeguard against executive overreach. By highlighting areas where governmental actions may not align with human rights standards, the SC plays a vital role in holding the executive accountable. This monitoring function has far-reaching implications, limiting the executive's ability to operate unchecked.
Step 4
Analysis against the view
Answer
While the SC does play an important role, it lacks the power to enforce its decisions directly, which limits its influence. For instance, even if a declaration of incompatibility is made, the government is not obligated to take action. This detachment means that while the SC issues judgments, the actual change requires governmental willingness. Moreover, any constraints observed can be attributed to the nature of constitutional democracy, where the separation of powers restricts any branch's overreach.
Step 5
Conclusion and judgment for the view
Answer
In conclusion, one could argue that the SC does exert a meaningful degree of influence over the executive, especially as it relates to the legality of executive actions. The scrutiny it provides ensures that the executive cannot easily bypass legal constraints. Nevertheless, it is vital to consider how much of this influence is intrinsically limited by structural and legislative frameworks.
Step 6
Conclusion and judgment against the view
Answer
Conversely, it could also be concluded that the SC's role, while significant, is balanced by its inherent limitations. The notion that the SC exerts too much influence may not fully account for the legislative supremacy in the UK system. Therefore, while the SC operates as an essential check on power, its actual capacity to intervene in executive affairs is moderated by existing constitutional principles.