Baroness Hale declares the suspension of Parliament by Boris Johnson illegal
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In Politics we use these key terms when describing elements of legislation - They can often be easily confused .. this is a little guide to getting it right..
This seems an apt time for this discussion. There is LOTS going on for AS2 British Politics and A2 Comparative US Politics. Please make sure you don't miss out!
In the United States: Obviously President Trump has created a media storm in his first weeks in office and is not afraid of rattling previously sacred institutions. His criticism and almost rejection of the Judiciary's decision to stop his ban led to a tirade of invective challenging one of the pillars of the US Constitution. It will be interesting to monitor how he proceeds with this in the future as this could fundamentally alter the relationship between the three branches of power in the US and not necessarily for the better. In the United Kingdom there is a much more reserved debate but certainly with the same implications. The Supreme Court now has a very specific remit to interpret the laws and make sure the Executive and public bodies are not overriding those laws. Therefore the recent decision in the Supreme Court that Theresa May did not have the prerogative power to simply trigger Article 50 and Parliament MUST have a say was a big test of this independence. The Executive is not used to being told what to do.. and the right wing elements in the Press were also not shrinking violets when it came to criticism of the Judges decisions. This has prompted a rebuke from the President of the Supreme Court: Lord Neuberger. This article is essential reading and is fantastic for any Judiciary answer on your exam.  The highest court in the land critics say should be a microcosm of the United Kingdom in terms of gender, race and regionality. After all this court is responsible for making decisions of the highest order which could affect every citizen. Yet the make up is overwhelmingly male, white and Oxbirdge educated. This BBC weblink investigates the issue.
 We don't look at the Supreme Court until later in the next term but DO pay attention to the news. One of the key areas you look at is the role of the Judiciary in political matters. There is perhaps no greater case than at present. The subject is BREXIT. There has been a challenge made that the UK cannot leave the EU without Parliaments vote on the issue as Parliament is sovereign. The fact that a majority in the country voted in the referendum to leave is at odds therefore with the Parliament which contained a REMAIN majority. Big questions will be answered which could have major implications..
This is a topic which comes up frequently - Please make sure you understand it well |
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