to what extent is there conflict between the judiciary and the executive in the UK?

  • 1 vote

25 mark question.

Posted Thu 29th March, 2012 @ 17:16 by Gabby Tracey

5 Answers

  • 7 votes

When this came up the question was 'Why and TWE have judges come into conflict with the Executive in recent years?' and I had it as a 40 mark question so I've essay planned that as follows: (if you want more detail tell me and I'll scan it in...)

1. INTRO

3 main reasons why: increase in judicial reviews, introduction of HRA, trend for govt to expand powers

2. INCREASE IN JUDICIAL REVIEWS

-quote numbers showing the increase

-give examples of judicial review

-BUT- judges cannot overturn Acts of Parliament due to parliamentary sovereignty

-BUT- judges are classed as inferior as are unelected and unaccountable

3. INTRODUCTION OF HRA

-explain it and give (different) examples from above.

-parl sov vs rule of law

-judges can set aside actions by public bodies which contravene EU law

4. TREND FOR GOVT TO EXPAND POWERS

-growth of authoriatarianism e.g. anti terror laws

-BUT judges ultra vires - above the law - examples

-BUT judges can pass primary laws

5. CONCLUSION - judges still side with govt in the majority so no real conflict.

Obviously you can obviously do it differently, but that was just the way I did it, and if you still want me to scan it, tell me but it's probably illegible and it is the same just with the examples in shorthand! Hope it helps :)

Answered Wed 4th April, 2012 @ 19:38 by Charlotte
  • 1 vote

thanks that was really helpful :)

Answered Tue 10th April, 2012 @ 13:19 by Gabby Tracey
  • 0 votes

This is so helpful thanks, but you know where you say 'judges can set aside actions by public bodies which contravene EU law' can they actually as I thought public bodies could just ignore them?

Answered Tue 21st May, 2013 @ 12:14 by Daniel
  • 0 votes

Hi, this was very helpful but could you tell me any sources I can look at to actually revise all of this? I have the edexcel 2015 revision guide but it doesnt cover in detail the conflicts between the judiciary and the excecutive. Thank you!

Answered Wed 30th March, 2016 @ 14:17 by EmilyBadillxo
  • -11 votes

dont know what that even means....

Answered Tue 3rd April, 2012 @ 17:25 by sadsad