4.1 impact of the supreme court on legislative & policy-
making processes.
Role & composition of the Supreme Court:
Rule of law – therefore it is vital that there is a separation of powers
between executive & judiciary so the citizens can be confident that
their civil liberties are protected.
Highest court in the UK & was created to separate the UK’s judiciary
from parliament so that the judiciary can more easily check the
power of parliament & the executive.
Role –
Court of appeal for criminal & civil case rulings made in lower courts
(crown courts, magistrates’ court). UK’s final court of appeal
(excluding Scotland).
SC hears appeals on cases where there are issues of public
significance & where there are arguable points of law.
Key functions include – defending citizens’ rights & liberties, law
enforcement & applying EU law & the HRA.
Defending rights & liberties:
Uses rule of law to provide a wide range of protections to citizens’
rights:
- HRA 1998 – protects UK citizens’ rights, can be used by SC which
includes freedoms such as right to life & a fair trial.
- EU laws protected by SC, which are outlines in European
Convention on Human Rights (ECHR).
Judicial review, Natural Justice & precedent from past rulings
protects rights & freedoms.
Law enforcement:
Can uphold laws & rights when challenged, such as the rights given
by the freedom of information act.
Govt decisions:
Can rule against govt laws & declare them illegal.
Can declare govt decisions incompatible with ECHR.
Composition –
12 judges – President, Deputy President & 10 Justices.
, Constitutional Reform Act (2005) established the SC with replaced
Law lords, who ruled in the Appellate Committee if the HoL, as part
of the separation of parliament & judiciary.
- Justices include Lord Reed, Lord Sumption.
Justices do not have a term limit but must retire at 70 if appointed
after 1995 (decided by a 1933 Act of parliament).
Ways the Supreme Court can claim independence &
neutrality:
Housed in Middlesex Guildhall & faces Parliament on Westminster
Square – physical separation is an important statement of the
court’s political independence.
Judges not permitted to be a party member. Barrister/solicitor
may be a party member & pursue a political career, but once
appointed must abandon any political ambitions & associations.
Judges’ salaries not determined by parliament. Govt follows
recommendations of Senior Salaries Review Body & payment is
made directly from Consolidated Fund – ensures no govt could seek
to influence judiciary through financial incentives.
Since Act of Settlement 1701 – senior judge can only be
removed by a resolution passed in both Houses – security of
tenure & cannot be removed by govt. judges can act according to
how they think the law should be interpreted without fearing the
consequence of loss of office.
Constitutional Reform Act 2005 – removed Law Lords from the
Appellate Committee of the HoL & established the SC as a separate
institution from the legislature.
- Also designed to make appointments to judiciary more
transparent. Judicial Appointments Committee established –
selects judges based on merit & good character, as well as
considering the importance of encouraging diversity within
judiciary.
Appointments decided by a specially summoned 5-person
selection committee (president of SC, senior judge &
representatives of judicial appointments commission of E, W, S &
NI). If candidates are of equal merit, selection committee may prefer
1 candidate for the purpose of increasing diversity in judiciary.
- Contrast with USA, where president appoints SC membership
with consent of Senate. Influence president has over nominations
to US SC makes it more politically partisan than UK SC.
making processes.
Role & composition of the Supreme Court:
Rule of law – therefore it is vital that there is a separation of powers
between executive & judiciary so the citizens can be confident that
their civil liberties are protected.
Highest court in the UK & was created to separate the UK’s judiciary
from parliament so that the judiciary can more easily check the
power of parliament & the executive.
Role –
Court of appeal for criminal & civil case rulings made in lower courts
(crown courts, magistrates’ court). UK’s final court of appeal
(excluding Scotland).
SC hears appeals on cases where there are issues of public
significance & where there are arguable points of law.
Key functions include – defending citizens’ rights & liberties, law
enforcement & applying EU law & the HRA.
Defending rights & liberties:
Uses rule of law to provide a wide range of protections to citizens’
rights:
- HRA 1998 – protects UK citizens’ rights, can be used by SC which
includes freedoms such as right to life & a fair trial.
- EU laws protected by SC, which are outlines in European
Convention on Human Rights (ECHR).
Judicial review, Natural Justice & precedent from past rulings
protects rights & freedoms.
Law enforcement:
Can uphold laws & rights when challenged, such as the rights given
by the freedom of information act.
Govt decisions:
Can rule against govt laws & declare them illegal.
Can declare govt decisions incompatible with ECHR.
Composition –
12 judges – President, Deputy President & 10 Justices.
, Constitutional Reform Act (2005) established the SC with replaced
Law lords, who ruled in the Appellate Committee if the HoL, as part
of the separation of parliament & judiciary.
- Justices include Lord Reed, Lord Sumption.
Justices do not have a term limit but must retire at 70 if appointed
after 1995 (decided by a 1933 Act of parliament).
Ways the Supreme Court can claim independence &
neutrality:
Housed in Middlesex Guildhall & faces Parliament on Westminster
Square – physical separation is an important statement of the
court’s political independence.
Judges not permitted to be a party member. Barrister/solicitor
may be a party member & pursue a political career, but once
appointed must abandon any political ambitions & associations.
Judges’ salaries not determined by parliament. Govt follows
recommendations of Senior Salaries Review Body & payment is
made directly from Consolidated Fund – ensures no govt could seek
to influence judiciary through financial incentives.
Since Act of Settlement 1701 – senior judge can only be
removed by a resolution passed in both Houses – security of
tenure & cannot be removed by govt. judges can act according to
how they think the law should be interpreted without fearing the
consequence of loss of office.
Constitutional Reform Act 2005 – removed Law Lords from the
Appellate Committee of the HoL & established the SC as a separate
institution from the legislature.
- Also designed to make appointments to judiciary more
transparent. Judicial Appointments Committee established –
selects judges based on merit & good character, as well as
considering the importance of encouraging diversity within
judiciary.
Appointments decided by a specially summoned 5-person
selection committee (president of SC, senior judge &
representatives of judicial appointments commission of E, W, S &
NI). If candidates are of equal merit, selection committee may prefer
1 candidate for the purpose of increasing diversity in judiciary.
- Contrast with USA, where president appoints SC membership
with consent of Senate. Influence president has over nominations
to US SC makes it more politically partisan than UK SC.
