Supreme Court UK

Supreme Court UK: Background

The Supreme Court has not always existed in the same form as it has today, it has a long background which states in the House of Lords. The House of Lords did the judicial work of the UK for over 600 years as part of the High Court of Parliament. Those appointed to Lord of Appeal in Ordinary (also known as a Law Lord) were highly qualified professional judges.

Law Lords were full-time judges paid by the Consolidated Fund, not the House of Lords' fund, to promote independence from the legislature. However, the Law Lords were still considered part of the House and were able to discuss and vote on issues, though they rarely did so.

As time passed, the public became concerned that the House of Lords had power from the legislative, judiciary, and executive branches, so many called for a more solid separation of powers. There was also concern regarding how the powers of the Lord Chancellor's office affected an individual's right to a fair trial. The government's solution was the Constitutional Reform Act of 2005.

The Constitutional Reform Act 2005 set in motion the gears that brought the Supreme Court into existence as a legally authoritative body. The Act removed judicial powers from the Lord Chancellor's office and vested them in the Lord Chief Justice, President of the Courts of England and Wales. The Supreme Court received its own appointment system, budget, and staff. The Judicial Appointments Commission was established and made responsible for recommending judicial candidates to the Secretary of State for Justice. The Judicial Appointments and Conduct Ombudsman was created to handle complaints about the appointment process as well as judicial conduct.

The UK Supreme Court is located in Middlesex Guildhall

In October 2009, the newly formed Supreme Court moved out of the Palace of Westminster and into the Middlesex Guildhall. This move was both symbolic and a critical constitutional moment, as it helped to establish a separation of powers between the judiciary and the legislative branch and ensure that the judiciary remained wholly independent and unaffected by the pressures of partisan politics.

Supreme Court UK: Judges

In the United Kingdom, twelve justices preside over Supreme Court cases. However, not all 12 justices oversee each individual case. Usually, a panel of 4 or 5 justices is assigned to a case, but depending on the importance of the appeal, the Supreme Court can also hear cases in panels of 7 to 9.

Currently, the Supreme Court in the UK comprises ten men and two women, all of whom are white. Talk of diversifying the judiciary in the UK continues to build.

Appointment of justices

When a seat on the court opens, prospective justices must go through a rigorous selection process overseen by a selection committee, the Judicial Appointment Commission (JAC), that heavily bases its decision to appoint a justice (or not) on the requirements chosen by Parliament which place a particular emphasis on merit and legal experience.

During the judicial appointment process, the JAC must consult with the Lord Chancellor, the First Minister of Scotland, and the First Minister of Wales. After interviews are conducted, a shortlist is sent to the Lord Chancellor. The Lord Chancellor then consults with senior politicians and judges regarding the candidates. The Lord Chancellor may then approve or reject the justice candidate or ask the commission to reconsider another choice. When the Lord Chancellor accepts a recommendation, he informs the Prime Minister, who then informs the Queen for formal approval. After the Queen formally approves a candidate, the Prime Minister publicly announces the outcome.

Once a justice is appointed, they cannot be removed based on their ruling. However, Supreme Court justices in the UK must retire after the age of 75.

Role of the Supreme Court UK

The Supreme Court is the highest appellate court in the UK, which means it is the final stop for appeals in civil and criminal cases - especially those deemed to be of high public importance. However, it's important to note that the criminal cases they hear are from England, Wales, and Northern Ireland, as Scotland has their own jurisdiction for such matters.

The Supreme Court also hears cases that involve Devolution. This duty was previously the jurisdiction of the JCPC, but it has now been passed to the Supreme Court. Whilst the Supreme Court is a powerful legal body in the UK, it does not have the power or authority to overrule legislation passed in Parliament. However, it is vested with the power to review and adjudicate whether or not a minister or body of government followed the proper procedure. This is called judicial review.

Judicial review is important because it allows individuals to defend their rights, seek a remedy for their grievances, and check the legitimacy of decisions made by the government and administrative bodies. Judicial review is key to balancing the powers between the three government branches and maintaining the judiciary's independence. It holds government and administrative officials accountable while protecting individuals from state powers.

Advantages and disadvantages of the Supreme Court UK

The UK Supreme Court is very important and has many advantages, but there are also disadvantages and issues with the court. The advantages include its judicial independence and neutrality; the disadvantages include the long wait times, lack of neutrality, and legislative power.

Advantages of the Supreme Court

The key advantage of the UK Supreme Court is that it is a non-partisan and independent body with the power to rule on important legal matters, free from political interference and public influence. That is, it has judicial independence. The Supreme Court asserts its independence by making decisions based solely on the evidence presented in the cases it hears.

Fig. 2 Illustration of neutrality

Another key advantage of the UK Supreme court is the principle of judicial neutrality. The justices of the Supreme Court show neutrality by avoiding political activity and casting aside political and personal beliefs when hearing a case.

Disadvantages of the Supreme Court

One of the drawbacks of the Supreme Court is its limited ability to see a high volume of cases and the time it takes the court to adjudicate each individual appeal. Because decisions can take weeks or months, the Supreme Court hears only matters of high legal importance.

Fig. 3 Illustration of justice

There have been doubts about whether justices can be politically neutral due to the lack of diversity on the bench. Most justices that have been appointed have been white, conservative males with high levels of education. This raises questions on whether justices can sympathise with problems faced by women, people of colour, and immigrants.

Additionally, the Supreme Court has some legislative ability in that, even though it cannot overrule acts of Parliament, it can establish common law through legal precedent. Some argue that this weakens parliamentary sovereignty. Also, many believe that the fact that a small panel of unelected judges can make law is undemocratic.

Difference between the High Court and the Supreme Court UK

Many people have trouble understanding the difference between the High Court and the Supreme Court because both courts hear appeals.

High Court: The High Court of England and Wales is a court of the first instance for civil claims cases as well as an appellate court for civil and criminal cases. The most important difference is that the High Court does not rule over cases across the UK, but the Supreme Court does.

The High Court is made up of three branches: the Chancery Division, the Queen's Bench, and the Family Division. Civil appeals from the High Court are sent to the Court of Appeal and then the Supreme Court.

The High Court can set precedents, like the Supreme Court, but only for cases below it within the UK's court hierarchy (like the Magistrates Court). The High Court, however, does not have any judicial review powers. In the High Court, one judge usually presides over cases. In cases sent to a divisional court, a panel of two or more judges may hear a case. A jury of 12 is also present at hearings involving:

• defamation;

• false imprisonment;

• fraud; and

• malicious prosecution.

Supreme Court: The Supreme court has twelve judges ruling over a case. The Supreme Court does not filter criminal and civil cases into separate divisions. The same individuals preside over both criminal and civil cases. The Supreme Court is the final court of appeals for all of the UK. It only hears cases involving high public interest and matters of complex legal questions, such as devolution.