Can the UKSC overrule the UK Parliament?
No it cannot. Unlike some Supreme Courts in other parts of the world, the UK Supreme Court does not have the power to ‘strike down’ legislation passed by the UK Parliament. It is not the Court’s role to formulate public policy, but to interpret law and develop it where necessary, through well-established processes and methods of reasoning. However, the Supreme Court must give effect to directly applicable European Union law, and interpret domestic law so far as possible consistently with European Union law. It must also give effect to the rights contained in the European Convention on Human Rights.
