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I don't want down or close votes! Thus before I post, can you pls comment or review this candidate post? LMK how I can improve it! Thanks.


Title - Should judicial oversight of the UK executive be increased?

Brexit has proven that the UK Parliament can't adequately safeguard against the abuse of executive power. Most recent example is Miller II [2019] UKSC 41. A unanimous UKSC ruled that Boris Johnson's prorogation of Parliament in 2019 was unlawful and void. Furthermore, this case proves that though the UK has acceded to the ECHR, the ECHR can't always safeguard executive power abuses as in this case that didn't involve human rights.

Thus don't we need more JUDICIAL, not just parliamentary, oversight of the UK executive?

Three down-sides are

  1. judicial activism/tyranny, legislating from the bench,

  2. politicization of the judiciary,

  3. and the possibility of corrupt judges.

But with parliamentary sovereignty, the UK Parliament can always just overturn any unreasonable judgments.

UK has left the EU, so no need discuss the EU's Charter of Fundamental Rights or the CJEU.

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  • Quick comment/suggestion: if you look around the site, the way people manage to approach such topics here is to ask "what are the arguments for X" and likewise "what are the arguments against X". But if you already know what the main arguments for and against are, asking users to decide "who is right" in ideological controversies gets questions closed as "primarily opinion based". – SX welcomes ageist gossip Mar 8 at 9:24
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Politics Stack Exchange is not the right place to ask such a question, because it is a question asking for personal opinions of the community. As you can read in the article "What topics can I ask about here?" on the help center:

Politics Stack Exchange is for objective questions about governments, policies and political processes.

It is not a place to advance opinions or debate, but rather for exchanging objective information about the policies, processes, and personalities that comprise the political arena.

Further, the article "What type of questions should I avoid asking?" gives multiple reasons why this kind of question shouldn't be posted here:

If your motivation for asking the question is “I would like to participate in a discussion about ______”, then you should not be asking here.

[...]

To prevent your question from being flagged and possibly removed, avoid asking subjective questions where [...]

your answer is provided along with the question, and you expect more answers: “I use ______ for ______, what do you use?”

[...]

your question is just a rant in disguise: “______ sucks, am I right?”

A question like this would be far more appropriate for a more discussion-oriented website like Reddit.

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