2.2.3. Judiciary

Under the doctrine of Parliamentary sovereignty, the judiciary lacks the intrinsic power to strike down an Act of Parliament. However, the subordination of common law to statute law does not mean the subordination of the judiciary to the executive. Courts in Britain retain certain powers:

♤ Of interpreting the precise meaning of a statute.

♤ Of reviewing the actions of ministers and other public officials by applying the doctrine of ultra vires (beyond powers).

♤ Of applying the concept of natural justice to the actions of ministers and others.

Because the Parliament is sovereign, the government can seek to overturn the decisions of the courts by passing amendment legislation. The power of judicial review provides the judiciary with a potentially significant role in the policy process.

In recent decades, there has been an upsurge in judicial activism for several reasons:

♤ Judges have been more willing to review and quash ministerial action,

♤ British membership of the EU,

♤ The incorporation of the ECHR (European Convention on Human Rights) into domestic law,

♤ Devolution of powers to elected assemblies in Scotland, Wales and Northern Ireland,

♤ The creation of a Supreme Court in 2009.