Relationships betw een the br anches
Su pr em e Cou r t
In October 2009, The Supreme Court of the United Kingdom (UKSC) replaced The Appellate
Committee of the House of Lords as the highest appeal court in the United Kingdom. The
Supreme Court’s 12 Justices maintain the highest standards set by the Appellate Committee but
are now explicitly separate from both Government and Parliament. The Court hears appeals on
arguable points of law of the greatest public importance, for the whole of the United Kingdom in
civil cases, and for England, Wales, and Northern Ireland in criminal cases. Additionally, it
hears cases on devolution matters under the Scotland Act 1998, the Northern Ireland Act 1998,
and the Government of Wales Act 2006. This jurisdiction was transferred to the Supreme Court
from the Judicial Committee of the Privy Council. The UKSC cannot consider a case unless a
relevant order has been made in a lower court.
Im pact
The impact of Supreme Court decisions extends far beyond the parties involved in any given
case, shaping our society, and directly affecting our everyday lives. For instance, in their first
legal year, the Justices gave landmark rulings on access to legal advice for Scottish suspects, the
rights of gay asylum seekers, and the weight to be given to pre-nuptial agreements.
In depen den ce vs Neutr ality
Judicial Independence – A central principle of the rule of law is that judges must be
independent of control or persuasion by the executive or the legislative branches. Judges can
only fairly administer justice if they are separate from the other branches of government and so
free to act without government pressure.
Judicial Neutr ality – the rule of law requires the elimination of political bias. The
judgements that judges reach must never be influenced by any personal prejudice. Instead, they
must fairly interpret the law so that it is applied impartially to all.
, Ar gum en ts that the UK SC is in dependent an d n eutr al
Physical separation in buildings from parliament can be seen as political independence
Judges are not allowed to be members of a political party, nor pursue a political career
Judge's salaries are not decided by the government, but rather by the Senior Salaries
Review Body, an independent association to eliminate any government influence via
financial incentive.
A senior judge can only be removed by a resolution passed by both houses, as set by the
Act of Settlement of 1701. This means that a judge can act how they want to without fear
of loss of office by the government
A judge is appointed by a specially summoned 5-person selection committee consisting
of the lord president of the Supreme Court, a senior judge, and representatives of the
Judicial Appointment Committe (JAC) of England, Wales, Scotland, and Northern
Ireland
The court cases are open to the public and judgements are in the public domain, so any
prejudice or bias would be quickly publicized by the media
Ar gum en ts the UK SC is NOT in dependent an d n eutr al
Critics argue that because SC judges generally come from an elite background, they tend
to favor the establishment. For example, Lord Denning who is arguably the most famous
of all the SC judges, sided with the government on many occasions.
Some believe they lack judicial neutrality, because nearly all attended private school and
then Oxbridge, therefore, due to their social class, their decisions are unlikely to reflect
how the law impacts modern society.
Men also dominate the UKSC. In 2022, Lady Rose was the only woman on the court.
The Constitutional Reforms Act of 2005 merged the role of lord chancellor and justice
secretary, meaning that the justice is a member of the cabinet (in government) and does
not need a legal background. However, in exceptional circumstances, they have the
power to reject nominations to the SC, as well as allowing them to proceed. This shows
lack of SoP.
Critics argue that the SC risk being pulled into major political disputes, such as the case
over Brexit, which could compromise its neutrality.
K ey cases
Gin a Miller 2017
Following the EU referendum on the 23rd of June 2016, the government claimed that it could
begin the process of leaving the European Union through the exercise of the royal prerogative.
However, on the 24th of January 2017, the Supreme Court by a majority of eight three upheld an
earlier decision taken in the High Court which stated that the government did not have the
Su pr em e Cou r t
In October 2009, The Supreme Court of the United Kingdom (UKSC) replaced The Appellate
Committee of the House of Lords as the highest appeal court in the United Kingdom. The
Supreme Court’s 12 Justices maintain the highest standards set by the Appellate Committee but
are now explicitly separate from both Government and Parliament. The Court hears appeals on
arguable points of law of the greatest public importance, for the whole of the United Kingdom in
civil cases, and for England, Wales, and Northern Ireland in criminal cases. Additionally, it
hears cases on devolution matters under the Scotland Act 1998, the Northern Ireland Act 1998,
and the Government of Wales Act 2006. This jurisdiction was transferred to the Supreme Court
from the Judicial Committee of the Privy Council. The UKSC cannot consider a case unless a
relevant order has been made in a lower court.
Im pact
The impact of Supreme Court decisions extends far beyond the parties involved in any given
case, shaping our society, and directly affecting our everyday lives. For instance, in their first
legal year, the Justices gave landmark rulings on access to legal advice for Scottish suspects, the
rights of gay asylum seekers, and the weight to be given to pre-nuptial agreements.
In depen den ce vs Neutr ality
Judicial Independence – A central principle of the rule of law is that judges must be
independent of control or persuasion by the executive or the legislative branches. Judges can
only fairly administer justice if they are separate from the other branches of government and so
free to act without government pressure.
Judicial Neutr ality – the rule of law requires the elimination of political bias. The
judgements that judges reach must never be influenced by any personal prejudice. Instead, they
must fairly interpret the law so that it is applied impartially to all.
, Ar gum en ts that the UK SC is in dependent an d n eutr al
Physical separation in buildings from parliament can be seen as political independence
Judges are not allowed to be members of a political party, nor pursue a political career
Judge's salaries are not decided by the government, but rather by the Senior Salaries
Review Body, an independent association to eliminate any government influence via
financial incentive.
A senior judge can only be removed by a resolution passed by both houses, as set by the
Act of Settlement of 1701. This means that a judge can act how they want to without fear
of loss of office by the government
A judge is appointed by a specially summoned 5-person selection committee consisting
of the lord president of the Supreme Court, a senior judge, and representatives of the
Judicial Appointment Committe (JAC) of England, Wales, Scotland, and Northern
Ireland
The court cases are open to the public and judgements are in the public domain, so any
prejudice or bias would be quickly publicized by the media
Ar gum en ts the UK SC is NOT in dependent an d n eutr al
Critics argue that because SC judges generally come from an elite background, they tend
to favor the establishment. For example, Lord Denning who is arguably the most famous
of all the SC judges, sided with the government on many occasions.
Some believe they lack judicial neutrality, because nearly all attended private school and
then Oxbridge, therefore, due to their social class, their decisions are unlikely to reflect
how the law impacts modern society.
Men also dominate the UKSC. In 2022, Lady Rose was the only woman on the court.
The Constitutional Reforms Act of 2005 merged the role of lord chancellor and justice
secretary, meaning that the justice is a member of the cabinet (in government) and does
not need a legal background. However, in exceptional circumstances, they have the
power to reject nominations to the SC, as well as allowing them to proceed. This shows
lack of SoP.
Critics argue that the SC risk being pulled into major political disputes, such as the case
over Brexit, which could compromise its neutrality.
K ey cases
Gin a Miller 2017
Following the EU referendum on the 23rd of June 2016, the government claimed that it could
begin the process of leaving the European Union through the exercise of the royal prerogative.
However, on the 24th of January 2017, the Supreme Court by a majority of eight three upheld an
earlier decision taken in the High Court which stated that the government did not have the
