The Judicary and the executive, and the supreme court and rights

The Judicary and the Executive

• Supreme Court is more powerful in terms of review, M v Home office in 1993
• However the executive still can win most of the cases of judicial review, government still got their way on Brexit in 2017 despite  supreme court 
• The supreme court is legally a lot more independant, Constitutional Reform Act 2005
• However it still can be swayed by the government, most judicial review cases are found in favour of government 
• The Human Rights Act of 1998 means supreme court can more effectively challenge gov
• However government can find loopholes in this system, Iraq war and anti terrorism laws in 2004
• Government is elected by people therefore it can bypass supreme court in parliament, tory majority in 2015 
• However in practice they dont really do this, advice on brexit was carried out 
• Government technically has far more authority than the supreme court, more power, for example Blair declaring war on iraq 
• However supreme court does have the power to advise…