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 |
Salary | £214,165 |
Website | www.supremecourt.uk |
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The President of the Supreme Court of the United Kingdom is the highest-ranking judge in the Supreme Court of the United Kingdom. It 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 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 Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officer of State in Scotland and England, nominally outranking the prime minister. The lord chancellor is appointed and dismissed 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. Likewise, the Lordship of Ireland and its successor states maintained the office of lord chancellor of Ireland until the establishment of the Irish Free State in 1922, whereupon the office was abolished.
The Court of Session is the highest national court of Scotland in civil cases. The court was established in 1532 to take on judicial functions previously exercised by the Scottish king and nobility. Its early jurisdiction overlapped with a number of other royal, state and church courts. As these were disbanded, the role of the Court of Session ascended. The acts establishing the United Kingdom provided that the Court of Session will "remain in all time coming". Today the court hears cases from any part of Scotland on any issue, other than criminal cases, which belong to its sister court, the High Court of Justiciary.
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
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".
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the Dukedom of Edinburgh awarded for life to Prince Edward in 2023, all life peerages conferred since 2009 have been created under the Life Peerages Act 1958 with the rank of baron and entitle their holders to sit and vote in the House of Lords, presuming they meet qualifications such as age and citizenship. The legitimate children of a life peer appointed under the Life Peerages Act 1958 are entitled to style themselves with the prefix "The Honourable", although they cannot inherit the peerage itself. Prior to 2009, life peers of baronial rank could also be so created under the Appellate Jurisdiction Act 1876 for senior judges.
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 Appellate Jurisdiction Act 1876 was an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords by allowing senior judges to sit in the House of Lords as life peers with the rank of baron, known as Lords of Appeal in Ordinary. The first person to be made a law lord under its terms was Sir Colin Blackburn on 16 October 1876, who became Baron Blackburn.
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.
The chief justice of Ireland is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and most senior judge in Ireland. The role includes constitutional and administrative duties, in addition to taking part in ordinary judicial proceedings.
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.
The Court of Chancery was a court which exercised equitable jurisdiction in Ireland until its abolition as part of the reform of the court system in 1877. It was the court in which the Lord Chancellor of Ireland presided. Its final sitting place was at the Four Courts in Dublin, which still stands.
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The Judges' Council is a body in England and Wales that, representing the judiciary, advises the Lord Chief Justice on judicial matters. It has its historical roots in the original Council of the Judges of the Supreme Court, created by the Judicature Act 1873 to oversee the new Supreme Court of Judicature. This body initially met regularly, reforming the procedure used by the circuit courts, and the new High Court of Justice but met less regularly as time went on, meeting only twice between 1900 and 1907, with a gap of ten years between meetings in 1940 and 1950 respectively. After relative inactivity, it was eventually wound up through the Supreme Court Act 1981, which contained no provisions for its continued existence, something Denis Dobson attributes to newer bodies which performed the duties the Council had originally been created to do.
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