Paper 2 · 2020 · 30 marks
Evaluate the view that the Supreme Court has too much influence over the executive.
Judiciary
Mark scheme: agreement
AO1: Pressure groups have been at the forefront of securing rights in the UK.
AO2: Pressure groups speak up on behalf of others and articulate their demands, the campaign for lowering the voting age and women's rights came about through pressure group actions.
AO3: We can conclude that government legislation simply reacts to public demand and complies with well supported pressure groups.
AO1: Pressure groups protect the rights of minority groups.
AO2: When pressure groups raise the injustice faced by minority groups, they make the government act. The campaign for Gay Rights was garnered by groups such as Stonewall and Liberty.
AO3: We can conclude that pressure applied to the government by pressure groups for minorities are the key agent of change.
AO1: Pressure groups force the Government to uphold rights by using judicial review.
AO2: There have been many cases of ministers who undermined rights being taken to court by pressure groups. e.g. Poundland case, Miller v DExEU.
AO3: Hence, pressure groups are able to use a variety of means to defend and promote rights.
AO1: Pressure groups help citizens to access their rights. Just having laws is not enough.
AO2: The example of the FoI illustrates this well. Pressure groups use the Act to uncover issues to bring to the public's attention.
AO3: We can conclude that the existence of legislation is insufficient in protecting rights, it needs pressure groups to help citizens to access it.
Mark scheme: disagreement
AO1: In the UK it is governments who create legislation to promote and defend rights, through parliament.
AO2: Rights protection may be promoted and supported by many, but it is only through government legislation created through Parliament that citizen's rights advance, eg HRA, Equalities Act, FoI.
AO3: We can conclude that it is only the plethora of legislation which has grown considerably over time that has protected and defended citizens' rights.
AO1: The Human Rights Act has revolutionised rights protection in the UK.
AO2: Pressure groups use this piece of government legislation to promote rights, but without it, they would be ineffective.
AO3: It is thus the Government and politicians elected to Parliament that have to power and scope to create legislation.
AO1: All major rights in the UK owe their existence to legislation – the right to vote, equal pay, sexual and racial discrimination – all arose via legislation.
AO2: For example, the de-criminalisation of homosexuality and Gay Marriage may not have been passed but for determined legislators.
AO3: Thus, governments have the power and ability to legislate – whereas pressure groups only have the ability to influence not create.