Supreme Court of the United Kingdom

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The Supreme Court
(Welsh: Y Goruchaf Lys; Scottish Gaelic: An Àrd Chùirt; Scots: The Supreme Coort; Irish: An Chúirt Uachtarach)
Supreme court crest (official).svg
Established1 October 2009
Location Middlesex Guildhall, London, England
Coordinates 51°30′01″N0°07′41″W / 51.5004°N 0.1281°W / 51.5004; -0.1281 Coordinates: 51°30′01″N0°07′41″W / 51.5004°N 0.1281°W / 51.5004; -0.1281
Composition methodAppointed by the Monarch, on the advice of the Prime Minister
Authorized by Constitutional Reform Act 2005, Part 3, Section 23(1) and s. 23 (whole section) [1]
Appeals from
Number of positions12
Website www.supremecourt.uk OOjs UI icon edit-ltr-progressive.svg
President
Currently The Baroness Hale of Richmond
Since5 September 2017
Deputy President
Currently Lord Reed
Since7 June 2018

The Supreme Court (Welsh : Y Goruchaf Lys; Scottish Gaelic : An Àrd Chùirt; Scots : The Supreme Coort; Irish : An Chúirt Uachtarach; sometimes colloquially referred to by the initialism UKSC or the acronym SCOTUK) is the final court of appeal in the United Kingdom for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population. [2]

Welsh language Brythonic language spoken natively in Wales

Welsh is a Brittonic language of the Celtic language family. It is spoken natively in Wales, by some in England, and in Y Wladfa. Historically, it has also been known in English as 'British', 'Cambrian', 'Cambric' and 'Cymric'.

Scots language Germanic language

Scots is the Germanic language variety spoken in Lowland Scotland and parts of Ulster in Ireland. It is sometimes called Lowland Scots to distinguish it from Scottish Gaelic, the Celtic language which was historically restricted to most of the Highlands, the Hebrides and Galloway after the 16th century. The Scots language developed during the Middle English period as a distinct entity.

Irish language Gaelic language spoken in Ireland and by Irish people

Irish is a Goidelic language of the Celtic languages family, itself a branch of the Indo-European language family. Irish originated in Ireland and was historically spoken by Irish people throughout Ireland. Irish is spoken as a first language in substantial areas of counties Galway, Kerry, Cork and Donegal, smaller areas of Waterford, Mayo and Meath, and a few other locations, and as a second language by a larger group of habitual but non-traditional speakers across the country.

Contents

As authorised by the Constitutional Reform Act 2005, Part 3, Section 23(1), [1] the Supreme Court of the United Kingdom was formally established on 1 October 2009.

Constitutional Reform Act 2005 Constitutional law of the United Kingdom that provided for the countrys Supreme Court and changed other parts of the British judiciary

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.

It assumed the judicial functions of the House of Lords, which had been exercised by the Lords of Appeal in Ordinary (commonly called "Law Lords"), the 12 judges appointed as members of the House of Lords to carry out its judicial business as the Appellate Committee of the House of Lords. Its jurisdiction over devolution matters had previously been exercised by the Judicial Committee of the Privy Council.

Judicial functions of the House of Lords Historical judicial role of the UK House of Lords

The House of Lords of the United Kingdom, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's jurisdiction was essentially limited to the hearing of appeals from the lower courts. Appeals were technically not to the House of Lords, but rather to the Queen-in-Parliament. By constitutional convention, only those lords who were legally qualified heard the appeals, since World War II usually in what was known as the Appellate Committee of the House of Lords rather than in the chamber of the House.

Lords of Appeal in Ordinary Former British judicial office

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 in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters. The House of Lords lost its judicial functions upon the establishment of the Supreme Court of the United Kingdom in October 2009; Lords of Appeal in Ordinary then in office automatically became Justices of the Supreme Court of the United Kingdom, and those Supreme Court justices that had seats in the House of Lords lost their right to speak and vote there until their retirement as justices of the new court.

House of Lords Upper house in the Parliament of the United Kingdom

The House of Lords, also known as the House of Peers and domestically usually referred to simply as the Lords, is the upper house of the Parliament of the United Kingdom. Membership is granted by appointment or else by heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Officially, the full name of the house is the Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.

The current President of the Supreme Court is The Baroness Hale of Richmond, and its Deputy President is Lord Reed.

Brenda Hale, Baroness Hale of Richmond British judge

Brenda Marjorie Hale, Baroness Hale of Richmond, known as Lady Hale, is a British judge serving as President of the Supreme Court of the United Kingdom since 2017.

Robert Reed, Lord Reed British academic

Robert John Reed, Lord Reed, is a Scottish judge and the current Deputy President of the Supreme Court of the United Kingdom. He sat as the principal judge in the Commercial Court before being promoted to the Inner House of the Court of Session in 2008. He is an authority on human rights law in Scotland and elsewhere, and serves as one of the UK's ad hoc judges at the European Court of Human Rights. He is also a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.

Introduction

The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament.

Parliamentary sovereignty is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law or by precedent.

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.

Parliament of the United Kingdom Supreme legislative body of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland, commonly known internationally as the UK Parliament, British Parliament, or Westminster Parliament, and domestically simply as Parliament or Westminster, is the supreme legislative body of the United Kingdom, the Crown dependencies and the British Overseas Territories. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the Sovereign (Queen-in-Parliament), the House of Lords, and the House of Commons. The two houses meet in the Palace of Westminster in the City of Westminster, one of the inner boroughs of the capital city, London.

However, it can overturn secondary legislation if, for an example, that legislation is found to be ultra vires to the powers in primary legislation allowing it to be made. Further, under section 4 of the Human Rights Act 1998, the Supreme Court, like some other courts in the United Kingdom, may make a declaration of incompatibility, indicating that it believes that the legislation subject to the declaration is incompatible with one of the rights in the European Convention on Human Rights.

<i>Ultra vires</i> Legal concept meaning powers are exceeded

Ultra vires is a Latin phrase meaning "beyond the powers". An act which requires legal authority but is done without it, is characterised in law as ultra vires. Its opposite, an act done under proper authority, is intra vires. Acts that are intra vires may equivalently be termed "valid" and those that are ultra vires "invalid".

Human Rights Act 1998 Act of Parliament of the United Kingdom

The Human Rights Act 1998 (c42) is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECtHR) in Strasbourg.

A declaration of incompatibility in UK constitutional law is a declaration issued by a United Kingdom judge that a statute is incompatible with the European Convention of Human Rights under the Human Rights Act 1998 section 4. This is a central part of UK constitutional law. Very few declarations of incompatibility have been issued, in comparison to the number of challenges.

Such a declaration can apply to primary or secondary legislation. The legislation is not overturned by the declaration, and neither Parliament nor the government is required to agree with any such declaration. However, if they do accept a declaration, ministers can exercise powers under section 10 of the Human Rights Act to amend the legislation by statutory instrument to remove the incompatibility or ask Parliament to amend the legislation.

History

Creation

The Middlesex Guildhall in London is the location of the Supreme Court Middlesex Guildhall (cropped).jpg
The Middlesex Guildhall in London is the location of the Supreme Court

The creation of a Supreme Court for the United Kingdom was first mooted in a consultation paper published by the Department of Constitutional Affairs in July 2003. [3] Although the paper noted that there had been no criticism of the then-current Law Lords or any indication of an actual bias, it argued that the separation of the judicial functions of the Judicial Committee of the House of Lords from the legislative functions of the House of Lords should be made explicit. The paper noted the following concerns:

  1. Whether there was any longer sufficient transparency of independence from the executive and the legislature to give assurance of the independence of the judiciary. [3]
  2. The requirement for the appearance of impartiality and independence limited the ability of the Law Lords to contribute to the work of the House itself, thus reducing the value to both them and the House of their membership. [3]
  3. It was not always understood by the public that judicial decisions of "the House of Lords" were in fact taken by the Judicial Committee and that non-judicial members were never involved in the judgments. Conversely, it was felt that the extent to which the Law Lords themselves had decided to refrain from getting involved in political issues in relation to legislation on which they might later have had to adjudicate was not always appreciated. [3] The new President of the Court, Lord Phillips of Worth Matravers, has claimed that the old system had confused people and that with the Supreme Court there would for the first time be a clear separation of powers among the judiciary, the legislature and the executive. [4]
  4. Space within the House of Lords was at a constant premium and a separate supreme court would ease the pressure on the Palace of Westminster. [3]

The main argument against a new Supreme Court was that the previous system had worked well and kept costs down. [5] Reformers expressed concern that this second main example of a mixture of the legislative, judicial and executive might conflict with professed values under the Universal Declaration of Human Rights. Officials who make or execute laws have an interest in court cases that put those laws to the test. When the state invests judicial authority in those officials or even their day-to-day colleagues, it puts the independence and impartiality of the courts at risk. Consequently, it was hypothesised closely connected decisions of the Law Lords to debates had by friends or on which the Lord Chancellor had expressed a view might be challenged on human-rights grounds on the basis that they had not constituted a fair trial. [6]

Lord Neuberger of Abbotsbury, later President of the Supreme Court, expressed fear that the new court could make itself more powerful than the House of Lords committee it succeeded, saying that there is a real risk of "judges arrogating to themselves greater power than they have at the moment". Lord Phillips said such an outcome was "a possibility", but was "unlikely". [7]

The reforms were controversial and were brought forward with little consultation but were subsequently extensively debated in Parliament. [8] During 2004, a select committee of the House of Lords scrutinised the arguments for and against setting up a new court. [9] The Government estimated the set-up cost of the Supreme Court at £56.9 million. [10]

Cases and competences

The first case heard by the Supreme Court was HM Treasury v Ahmed , which concerned "the separation of powers", according to Phillips, its inaugural President. At issue was the extent to which Parliament has, by the United Nations Act 1946, delegated to the executive the power to legislate. Resolution of this issue depended upon the approach properly to be adopted by the court in interpreting legislation which may affect fundamental rights at common law or under the European Convention on Human Rights.

Jurisdiction and powers

From the Supreme Court —

The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population. [2]

For Scottish civil cases decided prior to September 2015, permission to appeal from the Court of Session was not required and any such case can proceed to the Supreme Court of the United Kingdom if two advocates certify that an appeal is suitable. The entry into force of the Courts Reform (Scotland) Act 2014 has essentially brought the procedure for current and future Scottish civil cases into line with England, Wales and Northern Ireland, where permission to appeal is required, either from the Court of Appeal or from a Justice of the Supreme Court itself.

The Supreme Court's focus is on cases that raise points of law of general public importance. As with the former Appellate Committee of the House of Lords, appeals from many fields of law are likely to be selected for hearing, including commercial disputes, family matters, judicial review claims against public authorities and issues under the Human Rights Act 1998.

The Supreme Court only exceptionally hears criminal appeals from the High Court of Justiciary with respect to "devolution issues".

The Supreme Court also determines "devolution issues" (as defined by the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006). These are legal proceedings about the powers of the three devolved administrations—the Northern Ireland Executive and Northern Ireland Assembly, the Scottish Government and the Scottish Parliament, and the Welsh Government and the National Assembly for Wales. Devolution issues were previously heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by the Devolution Acts and the Human Rights Act 1998.

Panels and sittings

All twelve justices do not all hear every case. Unless there are circumstances requiring a larger panel, a case is usually heard by a panel of five justices. [11] More than five justices may sit on a panel where the case is of "high constitutional importance" or "great public importance"; if the case raises "an important point in relation to the European Convention on Human Rights"; if the case involves a conflict of decisions among the House of Lords, Judicial Committee of the Privy Council, or Supreme Court; or if the Court "is being asked to depart, or may decide to depart from" its previous precedent. [11]

To avoid a tie, all cases are heard by a panel containing an odd number of justices. [12] Thus, the largest possible panel for a case is 11 justices. [12] To date, there have been only two occasions (both involving matters of major constitutional importance) heard by 11 justices: the case of R (Miller) v Secretary of State for Exiting the European Union (argued in 2016 and decided in 2017) and the cases of R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland (argued and decided in 2019). [13] [14]

Administration

The Supreme Court has a separate administration from the other courts of the United Kingdom, under a Chief Executive who is appointed by the Court's President. [15] [16] [17]

Other "supreme courts" in the United Kingdom

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The High Court of Justiciary, the Court of Session, and the Office of the Accountant of Court make up the College of Justice, and are known as "the Supreme Courts of Scotland". [18]

Prior to 1 October 2009, there were two other courts known as "the supreme court", namely the Supreme Court of England and Wales (known as "the Supreme Court of Judicature", prior to the passing and coming-into-force of the Senior Courts Act 1981), which was created in the 1870s under the Judicature Acts, and the Supreme Court of Judicature of Northern Ireland, both of which consisted of a Court of Appeal, a High Court of Justice and a Crown Court. When the provisions of the Constitutional Reform Act 2005 came into force these became known as the Senior Courts of England and Wales and the Court of Judicature of Northern Ireland respectively.

The Judicial Committee of the Privy Council also retains jurisdiction over certain matters. The judicial functions of the House of Lords have all been abolished, other than the trial of impeachments, a procedure which has been obsolete for 200 years.

Judges ("Justices of the Supreme Court")

The court is composed of the President and Deputy President and ten other Judges of the Supreme Court, all with the style of "Justices of the Supreme Court" under section 23(6) of the Constitutional Reform Act. [1] The President and Deputy President of the court are separately appointed to those roles.

The ten Lords of Appeal in Ordinary (Law Lords) holding office on 1 October 2009 became the first judges of the twelve-member Supreme Court. [19] The eleventh place on the Supreme Court was filled by Lord Clarke (formerly the Master of the Rolls), who was the first justice to be appointed directly to the Supreme Court. [20] One of the former Law Lords, Lord Neuberger, was appointed to replace Clarke as Master of the Rolls, [21] and so did not move to the new court. Lord Dyson became the twelfth and final judge of the Supreme Court on 13 April 2010. [22] In 2010, Queen Elizabeth II granted justices who are not peers use of the title Lord or Lady, by warrant under the royal sign-manual. [23] [24]

The Senior Law Lord on 1 October 2009, Lord Phillips, became the Supreme Court's first President, [25] and the Second Senior Law Lord, Lord Hope, became the first Deputy President.

On 30 September 2010 Lord Saville became the first justice to retire, [26] followed by Lord Collins on 7 May 2011, although the latter remained as an acting judge until the end of July 2011.

In June 2011 Lord Rodger became the first justice to die in office, after a short illness. [27]

Acting judges

In addition to the twelve permanent judges, the President may request other senior judges drawn from two groups to sit as "acting judges" of the Supreme Court. [28]

Appointment process

The Constitutional Reform Act 2005 makes provision for a new appointment process for Judges of the Supreme Court. A selection commission is to be formed when vacancies arise. This is to be composed the President and Deputy President of the Supreme Court and a member of the Judicial Appointments Commission of England and Wales, the Judicial Appointments Board for Scotland and the Northern Ireland Judicial Appointments Commission. In October 2007, the Ministry of Justice announced that this appointment process would be adopted on a voluntary basis for appointments of Lords of Appeal in Ordinary. [29]

The commission selects one person for the vacancy and notifies the Lord Chancellor of its choice. The Lord Chancellor then either

If the Lord Chancellor approves the person selected by the commission, the Prime Minister must then recommend that person to the Monarch for appointment. [30]

New judges appointed to the Supreme Court after its creation will not necessarily receive peerages; however, they are given the courtesy title of Lord or Lady upon appointment. [23] [31] The President and Deputy President are appointed to those roles rather than being the most senior by tenure in office.

List of current judges

There are 12 judges. In order of seniority, they are as follows:

PortraitNameBorn Alma mater InvestedMandatory
retirement
Prior senior judicial roles
Baroness Brenda Hale.jpg The Baroness Hale
of Richmond

(President)
31 January 1945
(age 74)
Girton College, Cambridge 1 October 200931 January 2020 Lord of Appeal in Ordinary (2004–2009)
Lord Justice of Appeal (1999–2003)
Justice of the High Court, FD (1994–1999)
Lord Reed 2017 (cropped).png Lord Reed
(Deputy President)
7 September 1956
(age 63)
University of Edinburgh School of Law
Balliol College, Oxford
6 February 20127 September 2026 Senator of the College of Justice:
Inner House (2008–2012)
Outer House (1998–2008)
Lord-Kerr (cropped).jpg The Lord Kerr
of Tonaghmore
22 February 1948
(age 71)
Queen's University Belfast 1 October 200922 February 2023 Lord of Appeal in Ordinary (2009)
Lord Chief Justice of Northern Ireland (2004–2009)
Justice of the High Court (NI) (1993–2004)
Lord Wilson (cropped).jpg Lord Wilson
of Culworth
9 May 1945
(age 74)
Worcester College, Oxford 26 May 20119 May 2020 Lord Justice of Appeal (2005–2011)
Justice of the High Court, FD (1993–2005)
Lord Carnwath of Notting Hill (cropped).jpg Lord Carnwath
of Notting Hill
15 March 1945
(age 74)
Trinity College, Cambridge 17 April 201215 March 2020 Senior President of Tribunals (2007–2012)
Lord Justice of Appeal (2002–2012)
Justice of the High Court, CD (1994–2002)
Lord Hodge (cropped).jpg Lord Hodge 19 May 1953
(age 66)
Corpus Christi College, Cambridge
University of Edinburgh School of Law
1 October 201319 May 2023 Senator of the College of Justice,
Outer House (2005–2013)
Lady Black of Derwent (cropped).jpg Lady Black
of Derwent
1 June 1954
(age 65)
Trevelyan College, Durham 2 October 20171 June 2024 Lady Justice of Appeal (2010–2017)
Justice of the High Court, FD (1999–2010)
Lord Lloyd-Jones (cropped).jpg Lord Lloyd-Jones 13 January 1952
(age 67)
Downing College, Cambridge 2 October 201713 January 2022 Lord Justice of Appeal (2012–2017)
Justice of the High Court, QBD (2005–2012)
Lord Briggs (cropped).jpg Lord Briggs
of Westbourne
23 December 1954
(age 64)
Magdalen College, Oxford 2 October 201723 December 2024 Lord Justice of Appeal (2013–2017)
Justice of the High Court, CD (2006–2013)
Lady Arden 2010.png Lady Arden
of Heswall
23 January 1947
(age 72)
Girton College, Cambridge
Harvard Law School
1 October 201823 January 2022 Lady Justice of Appeal (2000–2018)
Justice of the High Court, CD (1993–2000)
Lord Kitchin (cropped).jpg Lord Kitchin 30 April 1955
(age 64)
Fitzwilliam College, Cambridge 1 October 201830 April 2025 Lord Justice of Appeal (2011–2018)
Justice of the High Court, CD (2005–2011)
Lord Sales 11 February 1962
(age 57)
Churchill College, Cambridge
Worcester College, Oxford
11 January 201911 February 2032 Lord Justice of Appeal (2014–2018)
Justice of the High Court, CD (2008–2014)

The following announcements have been made regarding forthcoming appointments to the Supreme Court as sitting Justices reach the statutory retirement age:

Furthermore, Lord Reed has been announced as the next President of the Supreme Court. He will succeed Baroness Hale of Richmond in January 2020. [32]

Building

Bench and inscription outside UK Supreme Court, "Lines for the Supreme Court" by Andrew Motion Bench and inscription outside UK Supreme Court, "Lines for the Supreme Court" by Andrew Motion.jpg
Bench and inscription outside UK Supreme Court, "Lines for the Supreme Court" by Andrew Motion
Court 1 in the Supreme Court building Supreme Court of the United Kingdom, Court 1 Interior, London, UK - Diliff.jpg
Court 1 in the Supreme Court building

The court is housed in Middlesex Guildhall - which it shares with the Judicial Committee of the Privy Council—in the City of Westminster.

The Constitutional Reform Act 2005 gave time for a suitable building to be found and fitted out before the Law Lords moved out of the Houses of Parliament, where they had previously used a series of rooms in the Palace of Westminster. [33]

After a lengthy survey of suitable sites, including Somerset House, the Government announced that the new court would be at the Middlesex Guildhall, in Parliament Square, Westminster. That decision was examined by the Constitutional Affairs Committee, [34] and the grant of planning permission by Westminster City Council for refurbishment works was challenged in a judicial review by the conservation group Save Britain's Heritage. [35] It was also reported that English Heritage had been put under great pressure to approve the alterations. [36] Feilden + Mawson, supported by Foster & Partners, were the appointed architects. [37]

The building had been used as the Middlesex Quarter Sessions House, adding later its county council chamber, and lastly as a Crown Court centre.

Badge

The emblem with stylised depictions of the four floral emblems. UK Supreme Court badge 2.svg
The emblem with stylised depictions of the four floral emblems.

The official badge of the Supreme Court was granted by the College of Arms in October 2008. [38] It comprises both the Greek letter omega (representing finality) and the symbol of Libra (symbolising the scales of justice), in addition to the four floral emblems of the United Kingdom: a Tudor rose, representing England, conjoined with the leaves of a leek, representing Wales; a flax (or 'lint') blossom for Northern Ireland; and a thistle, representing Scotland. [39]

Two adapted versions of its official badge are used by the Supreme Court. One features the words "The Supreme Court" and the letter omega in black (in the official badge granted by the College of Arms, the interior of the Latin and Greek letters are gold and white, respectively), and displays a simplified version of the crown (also in black) and larger, stylised versions of the floral emblems; this modified version of the badge is featured on the new Supreme Court website, [40] as well as in the forms that will be used by the Supreme Court. [41] A further variant omits the crown entirely and is featured prominently throughout the building. [42]

Another emblem is formed from a more abstract set of depictions of the four floral emblems and is used in the carpets of the Middlesex Guildhall designed by Sir Peter Blake, creator of such works as the cover of The Beatles' 1967 album, Sgt. Pepper's Lonely Hearts Club Band . [43] [44]

See also

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Privy Council of Tonga supreme court

The Privy Council of Tonga is the highest ranking council to advise the Monarch in the Kingdom of Tonga. It is empowered to advise the King in his capacity as Head of State and Fountain of Justice under the provisions of Clause 50 of the Constitution of Tonga:

The judges of the Supreme Court of the United Kingdom include the President, the Deputy President, and Justices of the Supreme Court of the United Kingdom. The Supreme Court is the highest in the whole of the United Kingdom for civil matters, and for criminal matters from the United Kingdom jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the Queen on the advice of the Prime Minister, who receives recommendations from a selection commission. The number of judges is set by s.23(2) Constitutional Reform Act 2005, which established the Court, but may be increased by the Queen through an Order in Council under s.23(3). There are currently 12 positions: one President, one Deputy President, and 10 Justices. Judges of the Court who are not already peers are granted the style Lord or Lady for life.

Scots law hybrid legal system of Scotland, containing civil law and common law elements

Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.

Judiciary of Scotland

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

References

  1. 1 2 3 "Constitutional Reform Act 2005 (c. 4), Part 3, Section 23". The National Archives (United Kingdom). 24 March 2005. Retrieved 9 November 2018.
  2. 1 2 "The Supreme Court". The Registry, the Supreme Court (The Registry of the Supreme Court of the United Kingdom). 12 January 2013. Retrieved 9 November 2018.
  3. 1 2 3 4 5 "Constitutional Reform: A Supreme Court for the United Kingdom". Department of Constitutional Affairs. July 2003.Cite journal requires |journal= (help)
  4. "New Supreme Court opens with media barred". The Daily Telegraph . London. 1 October 2009. Archived from the original on 4 October 2009. Retrieved 24 May 2010. For the first time, we have a clear separation of powers between the legislature, the judiciary and the executive in the United Kingdom. This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it.
  5. Wakeham report 2000, Chapter 9, Recommendation 57.
  6. "The Supreme Court is an unnecessary attack on the constitution". The Daily Telegraph . London. 1 October 2009. Archived from the original on 5 October 2009. Retrieved 24 May 2010. The Government argued that there must be a separation in order to comply with Article Six of the European Convention on Human Rights, which guarantees a fair trial.
  7. Rozenberg, Joshua (8 September 2009). "Fear over UK Supreme Court impact". BBC News .
  8. See A Le Sueur, 'From Appellate Committee to Supreme Court: A Narrative', chap 5 in L. Blom-Cooper, G. Drewry and B. Dickson (eds),The Judicial House of Lords (Oxford University Press, 2009); Queen Mary School of Law Legal Studies Research Paper No. 17/2009. Available at SSRN: http://ssrn.com/abstract=1374357
  9. "House of Lords - Constitutional Reform Bill - First Report". publications.parliament.uk.
  10. "Written Answer of the Ministry of Justice to question posed by Lord Steinberg (Col. WA102". Lords Hansard. 26 March 2008.
  11. 1 2 "Panel numbers criteria". Supreme Court of the United Kingdom. Retrieved 17 September 2019.
  12. 1 2 Dominic Casciani. "What is the UK Supreme Court?". BBC News.
  13. The 11 Supreme Court judges who ruled on UK's Brexit appeal, BBC News (24 January 2017).
  14. Owen Bowcott, Supreme court to hear claims suspension of parliament is unlawful, The Guardian (16 September 2019).
  15. Court, The Supreme. "Mark Ormerod to be Supreme Court's Chief Executive - The Supreme Court". www.supremecourt.uk. Retrieved 2 May 2018.
  16. Court, The Supreme. "Executive Team - The Supreme Court". www.supremecourt.uk. Retrieved 2 May 2018.
  17. "Constitutional Reform Act 2005: Section 48", legislation.gov.uk , The National Archives, 2005 c. 4 (s. 48)
  18. "Scottish Court Service: An Introduction" (PDF). Scottish Court Service. Archived from the original (PDF) on 21 July 2011. Retrieved 23 May 2008. The Supreme Courts are made up of the Court of Session, the High Court of Justiciary and the Accountant of Court's Office
  19. Constitutional Reform Act 2005, section 24
  20. "Justice of the UK Supreme Court". London, United Kingdom: 10 Downing Street. 20 April 2009. Archived from the original on 8 April 2010. Retrieved 30 August 2009.
  21. Frances Gibb (23 July 2009). "Lord Neuberger named Master of the Rolls". The Times. London. Retrieved 30 August 2009.
  22. Frances Gibb (23 March 2010). "New Supreme Court justice – Sir John Dyson".
  23. 1 2 "No. 59746". The London Gazette . 1 April 2011. pp. 6177–6178.
  24. "Press release: Courtesy titles for Justices of the Supreme Court" (PDF). Supreme Court of the United Kingdom. 13 December 2010. Retrieved 9 March 2014.
  25. "Lord Phillips of Worth Matravers appointed as senior Lord of Appeal in Ordinary". Archived from the original on 5 September 2008.
  26. Rozenberg, Joshua (24 June 2010). "Vacancy in the supreme court – and age could be a deciding factor – Joshua Rozenburg". the Guardian. Retrieved 2 September 2018.
  27. "Supreme Court judge dies aged 66". 27 June 2011. Retrieved 2 September 2018 via www.bbc.co.uk.
  28. Constitutional Reform Act 2005, section 38
  29. "Supreme Court – new appointments process". Ministry of Justice. Archived from the original on 24 December 2007. Retrieved 16 May 2010.
  30. Constitutional Reform Act 2005, sections 25–31
  31. "Courtesy titles for Justices of the Supreme Court" (PDF). Supreme Court of the United Kingdom. 13 December 2010. Retrieved 14 December 2010.
  32. "Lord Reed appointed next President of Supreme Court, alongside three new justices".
  33. "Truly the Supremes? Reflections on the New Court, UKSC Blog". Archived from the original on 5 January 2010. Retrieved 7 October 2009.
  34. "Minutes of Oral Evidence Taken before the Constitutional Affairs Committee 17 April 2007" . Retrieved 23 May 2008.
  35. "The Queen on the application of Save Britain's Heritage v. Westminster City Council". High Court (Administrative Court). Retrieved 23 May 2008.
  36. Binney, Marcus (22 June 2006). "Lord Falconer's supreme blunder". The Times. London. Retrieved 26 October 2008.
  37. "Questions to the Department for Constitutional Affairs, 15 January 2007 (Col. 877W)". Commons Hansard.
  38. "The College of Arms Newsletter". College of Arms. December 2008. Retrieved 24 September 2019.
  39. "New artwork: Supreme Court emblem". The Supreme Court. Retrieved 29 November 2015.
  40. "The Supreme Court". The Supreme Court. Retrieved 16 May 2010.
  41. "Notice of appeal (or application for permission to appeal)" (PDF). www.supremecourt.uk.
  42. "In pictures: UK Supreme Court". BBC News. 15 July 2009. Retrieved 18 August 2009.
  43. "Inside the UK Supreme Court". BBC News. 15 July 2009. Retrieved 18 August 2009.
  44. "THE WIDER VIEW: Inside the imposing interior of Britain's new £36m Supreme Court". Daily Mail. London. 2 August 2009. Retrieved 18 August 2009.

Further reading