Instances where in electoral democracies, the Executive has ignored the rulings of the Supreme Court
Canada: In 2018, the Canadian Supreme Court ruled that the government’s plan to expand the Trans Mountain pipeline was not properly consulted with Indigenous communities. The Executive, led by Prime Minister Justin Trudeau, ignored the ruling and continued to push for the pipeline’s expansion.
Argentina: In 2015, the Argentene Supreme Court ordered the government to allow the country’s largest media group, Grupo Clarin, to continue to operate as a single entity. However, the Executive, led by President Cristina Fernandez de Kirchner, ignored the ruling and broke up the media group.
Japan: In 2019, the Japanese Supreme Court ruled that the government’s system of gender-based distinctions in civil law was unconstitutional. However, the Executive, led by Prime Minister Shinzo Abe, ignored the ruling and did not take action to change the law.
Italy: In 2017, the Italian Supreme Court ruled that the government’s policy of denying citizenship to children of immigrants was unconstitutional. However, the Executive, led by Prime Minister Paolo Gentiloni, ignored the ruling and did not change the policy.
Spain: In 2019, the Spanish Supreme Court ruled that the government’s plan to exhume the remains of former dictator Francisco Franco from a public mausoleum was legal. However, the Executive, led by Prime Minister Pedro Sanchez, ignored the ruling and faced resistance from Franco’s family.
READ ALSO:Can a president defy an unconstitutional Supreme Court ruling?
France: In 2019, the French Supreme Court ruled that the government’s plan to use facial recognition technology to check people’s identities in public spaces was illegal. However, the Executive, led by President Emmanuel Macron, ignored the ruling and continued to develop the technology.
Australia: In 2014, the Australian Supreme Court ruled that the government’s policy of detaining asylum seekers on the Pacific island of Nauru was legal. However, the Executive, led by Prime Minister Tony Abbott, ignored the ruling and continued to detain asylum seekers on Nauru.
Germany: In 2018, the German Supreme Court ruled that the government’s plan to allow certain diesel vehicles to continue to operate in urban areas was illegal. However, the Executive, led by Chancellor Angela Merkel, ignored the ruling and continued to allow the vehicles to operate.
Netherlands: In 2019, the Dutch Supreme Court ruled that the government was not doing enough to reduce greenhouse gas emissions and ordered it to take action. However, the Executive, led by Prime Minister Mark Rutte, ignored the ruling and did not take sufficient action.
Belgium: In 2018, the Belgian Supreme Court ruled that the government’s policy of detaining children in immigration centers was illegal. However, the Executive, led by Prime Minister Charles Michel, ignored the ruling and continued to detain children in the centers.
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