Supreme Court
Following the Lord Chancellor Act 2005 (constitutional reform act), the Supreme Court was established in 2009
It is the final court of appeal. It hears appeals from civil cases in Scotland and appeals in order to clarify law
Key terms:
Ultra vires means acting beyond legal power
Rule of law - s a principle of governance in which all persons, institutions and entities, public and private, including
the state itself, are accountable to the law.
Judicial independence - judges must be free to exercise their judicial powers without interference from litigants, the
State, the media or powerful individuals or entities, such as large companies.
Supreme Court holds the government to account basing on HRA 1998
Judges of the Supreme Court are appointed by The Queen by the issue of letters patent, on the advice of the
Prime Minister, to whom a name is recommended by a special selection commission.
Retire at the age of 75.
Key Cases:
R Miller v Prime Minister 2019
R Nicklinson v Ministery of Jusice 2014
Prest v Petrodel Resources LTD 2013
Al Rawi v The Security Service 2011
Polticised? Not politicised?
From 2005, following the Consitutional Reform Act, SC justices are
Before 2005, limited separation of powers, Law Lords
chosen independently and reviewed by the JAC Must have senior courts
made appeal decisions - more politicised process
qualification/be an advocate
Some have argued that the 2019 Miller v Prime Others argued that the PM had gone beyond his prorogative, and
Minister decision that prorogation was not the PM's therefore the SC was correct to challenge this. NO comment was made
right was a poltical attempt to stop Brexit. Similar of the politics of Brexit. Power of SC to declare ultra vires e.g Reilly v
Supreme Court 1
Following the Lord Chancellor Act 2005 (constitutional reform act), the Supreme Court was established in 2009
It is the final court of appeal. It hears appeals from civil cases in Scotland and appeals in order to clarify law
Key terms:
Ultra vires means acting beyond legal power
Rule of law - s a principle of governance in which all persons, institutions and entities, public and private, including
the state itself, are accountable to the law.
Judicial independence - judges must be free to exercise their judicial powers without interference from litigants, the
State, the media or powerful individuals or entities, such as large companies.
Supreme Court holds the government to account basing on HRA 1998
Judges of the Supreme Court are appointed by The Queen by the issue of letters patent, on the advice of the
Prime Minister, to whom a name is recommended by a special selection commission.
Retire at the age of 75.
Key Cases:
R Miller v Prime Minister 2019
R Nicklinson v Ministery of Jusice 2014
Prest v Petrodel Resources LTD 2013
Al Rawi v The Security Service 2011
Polticised? Not politicised?
From 2005, following the Consitutional Reform Act, SC justices are
Before 2005, limited separation of powers, Law Lords
chosen independently and reviewed by the JAC Must have senior courts
made appeal decisions - more politicised process
qualification/be an advocate
Some have argued that the 2019 Miller v Prime Others argued that the PM had gone beyond his prorogative, and
Minister decision that prorogation was not the PM's therefore the SC was correct to challenge this. NO comment was made
right was a poltical attempt to stop Brexit. Similar of the politics of Brexit. Power of SC to declare ultra vires e.g Reilly v
Supreme Court 1
