Judiciary and Executive and Supreme courts and rights


The Judicary and The Executive 

  • Growth of Judicial Review has limited the Executive, M v Home Office 1993
  • However executive can just bypass judiciary, Brown in 2010 with anti terror reforms 
  • Passage of the Human Rights Act in 1998 means judiciary can challenge executive on legal grounds 
  • However often judiciary rules in favour of executive on human rights issues, Judiciary ruling in favour of anti terror reforms of early 2000s
  • Judiciary  is also strengthened by Constitutional Reform Act 2005, now seperate from the executive
  • However executive can still use its influence over judiciary to sway the outcome, R Miller v Secretary of State fro exiting the european union, executive simply used parliament in order to get its policy through 
  • Judges are also immune to the executive in terms of position, all judges


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