AQA 25 Mark essay  Impact of the Judiciary 2022 Paper 1

‘The UK judiciary has had an increasingly significant impact upon the working of the executive and Parliament since 1997.’ Analyse and evaluate this statement. [25 marks] 

Analysis and evaluation of the increasing significance of judicial review in the UK and the impact that it has had upon the working of the executive and Parliament since 1997, with analysis supported by examples such as R (Miller) v Secretary of State for Exiting the European Union, 2017

 • analysis and evaluation of the impact of the Constitutional Reform Act 2005, with analysis supported by examples such as changes to the role of the Lord Chancellor.Labour Reforms 1997-2010 

 • analysis and evaluation of the extent to which judicial independence and the separation of powers have been enhanced by measures such as the Judicial Appointments Commission and the location of the court in a separate building

 • analysis and evaluation of the impact of the Human Rights Act 1998, which has allowed senior judges to directly question statute laws, executive actions and government policy within UK courts. Analysis will be supported by examples:

How well are Rights protected in the UK?

 The Judicial Review and Courts Act 2022 

Judicial Review Cases as examples

• analysis and evaluation of the impact of Brexit which removed the precedent of EU law over UK law

 • analysis and evaluation of the extent to which the executive branch and Parliament consider potential conflicts in the courts when drafting legislation (eg the role of Parliament’s Joint Committee on Human Rights) 

• analysis and evaluation of allegations and criticisms of growing judicial activism in recent years. However, judges do not have the power to enact legislation or policy, unlike Parliament and the executive branches of government. 

Synoptic links may be found in areas such as the executive, Parliament, US Supreme Court, rights, US Constitution and the Bill of Rights, the EU. Any response that does not include synoptic points cannot achieve above level 4.