Relations between the branches
4.1 The Supreme Court and its interactions with, and influence over, the legislative and policy-making
processes
The role and composition of the SC; the key operating principles of the SC, including judicial neutrality and judicial
independence and their extent; the degree to which the SC influences both the Executive and Pment, including the
doctrine of ultra vires and judicial review.
What is the judiciary?
The term refers collectively to all UK judges from lay magistrates, those serving on tribunals right up to the 12
senior justices on the UK Supreme Court. It is all those involved in the administration and application of justice.
The UK judiciary is not one single body. Scotland and Ireland operate with different legal arrangements to
England and Wales. However, the common feature across all is the UK Supreme Court. It is the highest
court of appeal in all four nations
The Constitutional Reform Act 2005
- The CRA reduced the power of the Lord
Chancellor and placed most senior judicial
appointments in the hands of a new,
independent Judicial Appointments
Commission.
- The aim was to improve the separation
of powers
- It was also hoped it would make the
judicial branch more socially
representative.
- It provided for the creation of the
Supreme Court.
Why
was the Supreme Court established?
The Supreme Court came into operation in 2009.
Prior to this there were concerns that the highest court of appeal in the land had a number of
longstanding issues:
Incomplete ‘separation of powers’ – the presence of the Lord Chancellor and the 12 Law Lords in the
House of Lords was a fusion of two branches.
Opaque system of appointment to these roles and others – seen as undemocratic
The confusion and overlap between the House of Lords’ judicial and legislative function was
problematic
,What functions does it perform?
1. Acts as a final court of appeal in England, Wales and Northern Ireland
2. Clarifies the meaning of the law in cases where there is uncertainty
The Process of Appointment
, The Rule of Law
As you will remember form the section on the UK Constitution, the rule of law is a key principle which is
guaranteed to all. A.V. Dicey in the 19th century wrote of the twin pillars of the UK Constitution being the rule
of law and parliamentary sovereignty.
Judicial Independence and Neutrality
The rule of law clearly means that judges should be both independent and neutral in the way they interpret and
dispense the law.
If a judge is not independent of external (political influences) then they can be impeded in remaining neutral.
However, being independent does not of course guarantee neutrality because judges may allow their personal
views to influence the way they administer justice.
4.1 The Supreme Court and its interactions with, and influence over, the legislative and policy-making
processes
The role and composition of the SC; the key operating principles of the SC, including judicial neutrality and judicial
independence and their extent; the degree to which the SC influences both the Executive and Pment, including the
doctrine of ultra vires and judicial review.
What is the judiciary?
The term refers collectively to all UK judges from lay magistrates, those serving on tribunals right up to the 12
senior justices on the UK Supreme Court. It is all those involved in the administration and application of justice.
The UK judiciary is not one single body. Scotland and Ireland operate with different legal arrangements to
England and Wales. However, the common feature across all is the UK Supreme Court. It is the highest
court of appeal in all four nations
The Constitutional Reform Act 2005
- The CRA reduced the power of the Lord
Chancellor and placed most senior judicial
appointments in the hands of a new,
independent Judicial Appointments
Commission.
- The aim was to improve the separation
of powers
- It was also hoped it would make the
judicial branch more socially
representative.
- It provided for the creation of the
Supreme Court.
Why
was the Supreme Court established?
The Supreme Court came into operation in 2009.
Prior to this there were concerns that the highest court of appeal in the land had a number of
longstanding issues:
Incomplete ‘separation of powers’ – the presence of the Lord Chancellor and the 12 Law Lords in the
House of Lords was a fusion of two branches.
Opaque system of appointment to these roles and others – seen as undemocratic
The confusion and overlap between the House of Lords’ judicial and legislative function was
problematic
,What functions does it perform?
1. Acts as a final court of appeal in England, Wales and Northern Ireland
2. Clarifies the meaning of the law in cases where there is uncertainty
The Process of Appointment
, The Rule of Law
As you will remember form the section on the UK Constitution, the rule of law is a key principle which is
guaranteed to all. A.V. Dicey in the 19th century wrote of the twin pillars of the UK Constitution being the rule
of law and parliamentary sovereignty.
Judicial Independence and Neutrality
The rule of law clearly means that judges should be both independent and neutral in the way they interpret and
dispense the law.
If a judge is not independent of external (political influences) then they can be impeded in remaining neutral.
However, being independent does not of course guarantee neutrality because judges may allow their personal
views to influence the way they administer justice.
