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> I thought the UK courts can't override Acts of Parliament, because the courts are subordinate to it The UK Courts aren't subordinate to Parliament and can te

• switch007 3y ago
  Your link doesn’t disprove that they are subordinate though let’s not dive in to semantics. The government are just playing nice and taking heed (or pretending to) of the declaration of incompatibility. The courts can not force them to change their policy. The courts can not overturn primary legislation, not even the Supreme Court. They are basically just law experts and publish statements on what is lawful and what is not. Their power is derived from how much - or how little - the Government decides to act based on their rulings. It’s important to remember the courts exist because of Acts of Parliament (some very recently, eg the Supreme Court was created in 2009). Moreover, they are governmental departments! I’m sure Boris Johnson considered legislating them out of existence during his tenure but decided it was a bridge too far.
  • arlort 3y ago
    > Their power is derived from how much - or how little - the Government decides to act based on their rulings That's ... exactly the same as any other country in which the judiciary and executive are separate