Daily Junction.mobi portalRuling: No. The Supreme Court ruled (8-3) that the government cannot trigger Article 50 using the royal prerogative (executive power) because leaving the EU would remove rights granted by Parliament (the European Communities Act 1972). Parliament must pass an Act to authorize triggering Article 50.
Impact: Parliament passed the European Union (Notification of Withdrawal) Act 2017, authorizing the government to trigger Article 50. The case affirmed the principle of parliamentary sovereignty—the government cannot remove rights granted by Parliament without Parliament's consent.
Issue: Was Boris Johnson's advice to the Queen to prorogue (suspend) Parliament for five weeks in September 2019 lawful?
Ruling: No. The Supreme Court ruled (11-0) that the prorogation was unlawful because it had the effect of frustrating Parliament's ability to scrutinize the government during the Brexit process, and the government had not provided a reasonable justification. The prorogation was void (it never happened).
Impact: Parliament resumed sitting immediately. The case established that the courts can review the exercise of the royal prerogative if it affects the functioning of Parliament or the rule of law.
Issue: Are Uber drivers "workers" (entitled to minimum wage, holiday pay, and other rights) or self-employed contractors (not entitled to these rights)?
Ruling: Uber drivers are workers. The Supreme Court ruled (unanimously) that Uber drivers are workers under the Employment Rights Act 1996 because Uber exercises significant control over them (sets fares, assigns passengers, monitors performance) and they are not genuinely in business on their own account.
Impact: Uber was required to pay drivers minimum wage and holiday pay. The case has implications for the entire "gig economy" (Deliveroo, Amazon Flex, etc.), with many gig workers now classified as workers rather than self-employed.
Issue: Can Shamima Begum (who joined ISIS in Syria in 2015 and had her UK citizenship removed in 2019) return to the UK to appeal the removal of her citizenship?
Ruling: No. The Supreme Court ruled (unanimously) that Begum cannot return to the UK to appeal because allowing her to return would create a security risk that outweighs her right to a fair hearing. She can appeal from abroad.
Impact: The case affirmed that national security can outweigh procedural fairness in citizenship cases. It has been criticized by human rights groups as undermining the right to a fair trial.
Issue: Can the Investigatory Powers Tribunal (which hears complaints about surveillance by intelligence agencies) be judicially reviewed by the courts?
Ruling: Yes. The Supreme Court ruled (5-2) that the Investigatory Powers Tribunal is subject to judicial review, despite a statutory provision (the Regulation of Investigatory Powers Act 2000) that appeared to exclude judicial review. The court interpreted the provision narrowly to preserve the rule of law.
Impact: The case affirmed the principle that Parliament cannot exclude judicial review unless it uses the clearest possible language (an "ouster clause"). It strengthened the courts' ability to review executive and tribunal decisions.
The UK Supreme Court operates within the principle of parliamentary sovereignty—Parliament is the supreme law-making body, and the courts cannot strike down Acts of Parliament.
However, the Supreme Court can:
The Supreme Court's role is to interpret and apply the law, not to make law. However, in practice, Supreme Court judgments often have a law-making effect because they clarify ambiguous legal principles and set binding precedents.
The UK Supreme Court is the final court of appeal for civil and criminal cases, established in 2009 to replace the Law Lords and create a clearer separation between the judiciary and legislature. The court hears only 60-80 cases per year, selected based on whether they raise points of law of general public importance. Supreme Court decisions are binding on all lower courts and can only be overruled by Parliament passing new legislation or by the Supreme Court itself in a future case. Landmark cases include the Article 50 Brexit case (2017), the prorogation of Parliament case (2019), and the Uber workers' rights case (2021). The court has 12 Justices appointed from the most senior judges, with the President currently Lord Reed. Understanding the Supreme Court's role is essential for anyone seeking to understand how British law is shaped at the highest level.