UK Judicial System

Meaning of Judicial System

A judicial system is a branch of the government that interprets legislation and enforces the law. The judiciary also has the power of judicial review, which allows the Justices of the Supreme Court to check the constitutionality of laws.

Within the UK, there are three separate judicial systems. England and Wales, Northern Ireland, and Scotland each have their own jurisdictions. The UK Supreme Court is the last court of appeal for all three court systems and is the main court that handles constitutional issues.

Role of the judiciary in the UK

As one of the three branches of government in the UK, the judiciary works alongside the executive and legislative branches to uphold the laws. The judiciary's role is to ensure laws are properly implemented. It does this by interpreting the law and then enforcing it.

Another important role of the UK judiciary is judicial review. Judicial review allows the courts to review a decision or action by a public body, such as a government agency or local authorities. They can overturn the decision if it;

• was made illegally;

• the proper procedure wasn't followed;

• it was irrational.

If one of these reasons is found, the court may strike down the decision, which may mean that the public body needs to make a new ruling. The Court cannot overturn primary legislation, but it can quash secondary legislation.

In England and Wales, judicial review is mainly undertaken by the High Court's Administrative Court. In Scotland, the Outer House of the Court of Session is the court that hears Judicial Review cases. The High Court in Northern Ireland also undertakes judicial review. Of course, the UK Supreme Court will also take on judicial review for all three systems, especially when it has important constitutional implications, such as human rights cases.

UK judicial system structure

The judicial system of the UK is made up of regional court systems in England and Wales, Scotland, and Northern Ireland. As a result of a system of devolution, the central Westminster government shares its power with Scotland and Northern Ireland.

In England and Wales, the legal system is non-devolved as it is under the direct control of Parliament and the Westminster government. However, Scotland and Northern Ireland have devolved judicial systems, which look a little different to England and Wales, as shown in figure 1. However, the UK Supreme Court is the final court of appeal for all three judiciary systems in the UK and is what unit them.

English and Welsh Courts

Fig. 2 Interior of the UK Supreme Court

The judicial system in England and Wales consists of five levels:

• The Court of Appeal deals solely with appeals. It is divided into two divisions: criminal and civil.

• The High Court hears more complex civil and family cases at first instance. It contains three divisions: the Queen's Bench, Family, and Chancery.

• The Crown Court deals with more serious criminal cases and appeals from Magistrate's Court.

• Magistrate's Court is the court of first instance. It handles 95% of all criminal cases and some civil cases. Tribunals make decisions on asylum, immigration, and numerous social services. There are also upper tribunal courts for appeals. County Courts deal with civil and family matters.

Scottish Courts

The Scottish judicial system consists of four levels:

• The Court of Session and the High Court of the Justiciary are the highest courts of appeal in Scotland and cover very serious criminal or civil offences, respectively, at the first instance or in appeal.

• The Sheriff Appeal Court sees less serious criminal appeals and all civil appeals from the Sheriff Courts.

• Sheriff Courts deal with most criminal and civil cases and are only bypassed if the offence is very serious.

• The Justice of the Peace Courts are similar to England's Magistrate Courts and deal with minor criminal offences.

Northern Ireland Courts

The courts of Northern Ireland have the same function as those in England and Wales, though there are fewer of them. They are:

• The Court of Appeal

• The High Court

• The Crown Court and County Courts

• Magistrate's Court

History of the UK Judicial System

Initially, the judicial system consisted of the monarch and their advisors. Over the centuries, it has expanded to meet the needs of the people. Consequently, the history of the UK judicial system is quite complex. Below is a timeline to help understand the historical developments of the UK Judicial System.

• 1066 - the local courts were presided over by a lord. Trial by ordeal was the common way to determine innocence or guilt. By the end of the 12th Century, trial by ordeal was abolished.

• 1166 - Assize of Clarendon orders judges not on the King's Bench to travel the country to decide cases.

• 1178 - the origin of the Court of Common Pleas was created when Henry II chose two clergy members and three laypeople from his personal household to hear complaints.

• 1215 - the King is forced to sign the Magna Carta, which established the right to due process.

• 1217 - the first professional judges and magistrates were created.

• 1285 - the magistrate's court was created.

• 1346 - judges made not to accept any bribes or gifts by parties in litigation. Judicial salaries were increased to prevent bribe-taking.

• 1533 - the Church of England is formed which gives the King almost absolute power.

• 1651 - the King is replaced during the English Civil War. Parliament is given executive authority.

• 1660 - the Monarchy was restored, but parliament retained executive authority.

• 1873 - the Judicature Acts merge common law and equity. Equity is the supreme rule of law.

• 1956 - The Crown Court was established in Liverpool and Manchester.

• 1966-69, The Royal Commission reworked assizes out of the legal system, creating a new form of the Crown Court.

• 1971, The Courts Act 1971 was passed to reaffirm what the roles of each individual court in the UK are.

• 1973 - Britain joins the EU. Certain areas of the UK must follow EU laws or leave the Union.

• 2005 - The Constitutional Reform act was passed. The capacity of the Lord Chancellor's office was modified. The Supreme Court was created and the House of Lords' appellate power was abolished.

• 2009 - The House of Lords is replaced by the Supreme Court which creates a separation between the legislature and the judiciary.

• 2020 - Brexit is implemented and the UK Judiciary removes any influence of EU laws.

Features of the UK judicial system

There are several important features of the UK judicial system. These include its use of Common Law, civil rights, independence and neutrality, the rule of law, and the jury system.

Common Law

Common law is law created by senior judges as they apply legal principles and develop precedents for situations where the statute law is vague or doesn't exist. If Parliament were to develop legislation which contradicts the common law, then Acts of Parliament would always take precedence over common law.

Civil Rights

Everyone in the country has certain rights they are entitled to, regardless of their social status. Civil rights provide a level of freedom to every individual within the country. Examples of these rights include:

• The right to life

• Freedom of religion

• Freedom from discrimination

These civil rights are part of UK constitutional law. As such, safeguarding these rights is an important part of the UK's judicial system's principles, and the Supreme Court and High Court are responsible for this.

Independence and Neutrality

A cornerstone of the UK constitution is the independence of the judiciary. This means that the judiciary cannot be influenced by outside pressures like the wealthy elite, politicians, the media, or the government.

Neutrality is also an important principle, as judges must be able to decide cases based solely on the facts presented to them according to the law, not their own opinion. These two traits are important because they guarantee that everyone receives a fair trial and that people have faith in the legal process.

Rule of Law

The rule of law is a defining principle of the UK's unwritten constitution. It implies that no one is above the law and that the laws apply equally to every individual and that no one can be punished without a trial.

This principle is one of the bases for the UK judiciary and has historically been defined by the judiciary through common law.

Jury System

Lastly is the principle that anyone accused of a crime has the right to a jury trial. Twelve randomly selected individuals are chosen to hear evidence in a case and decide the outcome to facilitate this. The UK only has juries in the case of criminal trials from the Crown Court level or above in England, Wales, and Northern Ireland, or the Sheriff Court or above in Scotland; however, most civil trials don't have juries.