Has the SC become more impactful on the Executive in recent years?

  1. JUDGES HAVE CRITICISED EROSION OF CIVIL LIBERTIES
  • The 2001 Anti-Terrorism Act was declared unlawful by 8/9 Lords that heard the case – extremely willing to challenge government powers when individual rights are threatened.
  1. JUDGES HAVE BECOME MORE POLITICALLY INVOLVED
  • The tendency of judges to become publicly involved in political controversies has angered government ministers, insisting the judiciary should remain neutral.
  • Arguments include that judges are neither elected nor accountable and have no right to obstruct the political process.
  • Judges however argue that they guard individual’s rights against the power of government.
  • The Human Rights Act of 2000 has meant citizens can assert their rights more forcefully – in cases where human rights have been abused, it has resulted in important court cases with political significance.
  • The 2005 Constitutional Reform Act has made the judiciary more independent
  • than ever – exercised its independence in cases such as the suspected terrorist’s bank assets in 2010.
  1. EXEC STILL HAS MORE POWER
  • Gov and parliament can override SC.