President of the Supreme Court of the United Kingdom | |
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Supreme Court of the United Kingdom | |
Style | The Right Honourable My Lord/Lady (when addressed in court) |
Status | Chief Justice |
Seat | Middlesex Guildhall, London |
Appointer | The Monarch on the advice of the Prime Minister following the Secretary of State for Justice's approval of a recommendation |
Term length | Life tenure (with a mandatory retirement age [fn 1] ); may be removed by Parliament [3] |
Constituting instrument | Constitutional Reform Act 2005, Part 3, Section 23(5) [4] |
Precursor | Senior Lord of Appeal in Ordinary |
Formation | 1 October 2009 |
First holder | Lord Reid as Senior Lord of Appeal in Ordinary Nick Phillips as President of the Supreme Court (1 October 2009) |
Deputy | Deputy President of the Supreme Court |
Website | www.supremecourt.uk |
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The President of the Supreme Court of the United Kingdom is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking among the Lords of Appeal in Ordinary (the judges who exercised the judicial functions of the House of Lords). The President is not the most senior judge of the judiciary in England and Wales; that position belongs to the Lord Chief Justice. The current President is Robert Reed, since 13 January 2020. [5]
From 1900 to 1969, when the Lord Chancellor was not present, a former Lord Chancellor would preside at judicial sittings of the House of Lords. If no former Lord Chancellor was present, the most senior Lord of Appeal in Ordinary present would preside, seniority being determined by rank in the peerage. In the years following World War II, it became less common for Lord Chancellors to have time to gain judicial experience in office, making it anomalous for former holders of the office to take precedence. As a result, on 22 May 1969, the rules were changed such that if the Lord Chancellor was not present (as was normally the case), the most senior Law Lord, by appointment as a Lord of Appeal in Ordinary rather than peerage, would preside. [6]
In 1984, the system was amended to provide that judges be appointed as Senior and Second Senior Lords of Appeal in Ordinary, rather than taking the roles by seniority. The purpose of the change was to allow an ailing Lord Diplock to step aside from presiding, yet remain a Law Lord. [7]
On 1 October 2009, the judicial functions of the House of Lords were transferred to the new Supreme Court under the provisions of the Constitutional Reform Act 2005. The Senior Law Lord, Nick Phillips, and the Second Senior Law Lord became, respectively, the President and the Deputy President of the new court. The same day, the Queen by warrant established a place for the President of the Supreme Court in the order of precedence, immediately after the Lord Speaker (the Speaker of the House of Lords).
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
The Court of Appeal is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to the union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland. There were Lord Chancellors of Ireland until 1922.
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William John Kenneth Diplock, Baron Diplock, was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law".
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included acting as the highest appellate court for most domestic matters.
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
Donald Sage Mackay, Baron Mackay of Drumadoon, PC was a British judge of the Supreme Courts of Scotland, and a Lord Advocate, the country's senior Law Officer. He was also one of five additional Lords of Appeal in the House of Lords, where he sat as a crossbencher.
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There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.
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Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president of the court. The Supreme Court is the highest court of the United Kingdom for all civil cases, and for criminal cases from the jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the British monarch on the advice of the prime minister, who receives recommendations from a selection commission.