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Paper 2 · The Judiciary · Supreme Court

The UK Supreme Court: key rulings since 2009

From its creation in 2009 to landmark rulings against the executive and Parliament overriding it in 2024. The exam question: has the Supreme Court become too powerful?

The arc at a glance

2009Court is born
2015Veto struck down
2017Article 50 check
2019Prorogation void
2021Executive deference
2023Rwanda blocked
2024Parliament overrides

Click any step to jump to it - the lit step is the one showing below. Assertive in the Hale years, more restrained since, with Parliament still holding the last word. Green = strengthened or expanded · Amber = mixed or contested · Red = weakened or curbed.

The timeline

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2009

What happened. The UK Supreme Court opened on 1 October 2009, created by the Constitutional Reform Act 2005, replacing the Appellate Committee of the House of Lords (the Law Lords).

What it shows. A structural completion of the separation of powers - the senior judges no longer sit inside Parliament. Court is born

2015

What happened. In R (Evans) v Attorney General ("black spider memos"), the Court struck down the Attorney General's veto that had blocked release of Prince Charles's letters to ministers under Freedom of Information.

What it shows. The Court refused to let a minister override a statutory transparency regime. Veto struck down

2017

What happened. In R (Miller) v Secretary of State (Miller 1), the Court held 8-3 that the May government could not trigger Article 50 by prerogative; Parliament had to legislate first.

What it shows. Prerogative power constrained in favour of Parliament on a central constitutional question. Article 50 check

2019

What happened. In R (Miller) v The Prime Minister (Miller 2), with Lady Hale presiding, the Court ruled 11-0 that Boris Johnson's prorogation of Parliament was unlawful, "void and of no effect".

What it shows. The high-water mark of Hale-era assertiveness - the prerogative to prorogue has legal limits. Prorogation void

2021

What happened. In R (Begum) v Home Secretary, the Reed-era Court upheld the Home Secretary's deprivation of Shamima Begum's citizenship on national-security grounds.

What it shows. Judicial restraint and deference to the executive - a deliberate contrast with the Hale era. Executive deference

2023

What happened. In the Rwanda case (R (AAA)), the Court unanimously ruled the Sunak government's removal scheme unlawful because Rwanda was not, on the evidence, a safe third country.

What it shows. Mixed - it stopped a flagship policy, but reasoned narrowly on the facts, not on broad rights principles. Rwanda blocked

2024

What happened. Parliament responded with the Safety of Rwanda (Asylum and Immigration) Act 2024, legislating that Rwanda was a safe country - overriding the Court's ruling.

What it shows. Parliamentary sovereignty intact - the Court cannot strike down statute, and the legislature gets the last word. Parliament overrides

Roll up and down: use the arrows, scroll or swipe inside the box, the up and down keys, or click any step in the arc above.

The account: what changed?

The Court's creation in 2009 completed the separation of powers by lifting the senior judges out of the House of Lords. From there its profile rose: Evans (2015) struck down a ministerial veto, and the two Miller cases (2017, 2019) constrained the prerogative on the central questions of the Brexit era.

Miller 2, an 11-0 ruling that a prorogation was unlawful, is the high-water mark of judicial assertiveness under Lady Hale. But the Reed-era Court that followed has been more restrained: Begum (2021) deferred to the executive on national security, and even the Rwanda ruling (2023) was decided narrowly on the facts.

The decisive point for the "too powerful" debate is 2024: when Parliament passed the Safety of Rwanda Act to override the ruling, the Court accepted it. The Court can interpret and check, but it cannot strike down an Act of Parliament.

The judgement line: The Court's reach has grown, but its formal power has not - it cannot strike down statute, Parliament overrode it in 2024, and the Reed-era Court has pulled back from the Hale-era high point. The institution is doing the work the 1998 and 2005 statutes asked of it rather than seizing new power.
Turn it into an essay: which dates argue which way

The same events split by side. Build each paragraph around one point from each column, then judge.

The Court has become too powerful

  • 2017 Miller 1 - the Court entered the central Brexit question, constraining the prerogative.
  • 2019 Miller 2 - an 11-0 ruling in acutely political territory.
  • 2015 / 2023 Evans struck down a ministerial veto; Rwanda stopped a flagship policy.

The Court is doing its job, not seizing power

  • 2024 Parliament overrode the Rwanda ruling - it has the last word.
  • 2021 Begum shows judicial restraint and deference on national security.
  • No strike-down - the Court cannot strike down an Act of Parliament; sovereignty survives.

Rwanda (2023) cuts both ways: assertive in effect (it blocked the policy) but restrained in method (decided narrowly on the facts, not bold rights principles).

Quick check: ten questions
Question 1 / 10Score 0
Use it in the 30-marker

For "Evaluate the view that the Supreme Court has become too powerful", this timeline supplies both sides. Miller 1 and 2, Evans and Rwanda argue the Court has reached into politics; the Safety of Rwanda Act override, Begum's restraint and the absence of any strike-down power argue it is doing its job. End each paragraph with an interim judgement.

Keep the cases precise: Court opened 2009, Evans 2015, Miller 1 2017, Miller 2 2019, Begum 2021, Rwanda ruling 2023, Safety of Rwanda Act 2024.

Put the rulings to work on the Supreme Court grid.
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