The Role and Composition of the UK Supreme Court
How are Justices Appointed to the UK Supreme Court?
The Key Operating Principles of the Supreme Court
The Degree to which the Supreme Court Influences the Executive and Parliament
Doctrine of Ultra Vires
Judicial Review
Complete with examples ...
The Supreme Court
The Role and Composition of the UK Supreme Court
Opened October 2009, following the Constitutional Reform Act 2005
Replaced the ‘law lords’ as the highest UK court
Consists of 12 members, but cases are always heard by an odd number. The more important the
case, the more members sit (e.g., in 2016/2017, 11 judges sat on the case over whether
Parliament or the Government should initiate the UK leaving the EU.
Headed by the most senior figure who is given the title of ‘President of the Supreme Court’
Currently 10 male and 2 female justices, the most diverse composition since its opening
(criticised for being ‘male, pale and stale’)
Justices are known as ‘Lord’ or ‘Lady’, though they don’t sit in the Lords until they retire
Supreme Court Justices must have served as senior judges for at least two years or been
qualified as a lawyer for at least 15 years.
The mandatory retirement age is 75 as of 2021.
The Lord Chancellor (AKA Justice Secretary) used to be a member of the Cabinet (executive),
Chairman of sittings of the House of Lords (legislative), and Head of the Judiciary who appointed
judges (judiciary). Reforms removed the last two of these roles, since the purpose of the
Supreme Court was to create a separation of powers.
The Supreme Court is the only UK wide court, as Scotland and Northern Ireland have
independent court systems.
It is the final court of appeal for judgements made in lower courts.
It is the final court of appeal for criminal cases in England, Wales and Northern Ireland, and Civil
Cases in the whole UK.
The Supreme Court hears cases of significant public and constitutional importance.
It was used to interpret the application of EU law in the UK (not since BREXIT)
Rules whether devolved authorities have acted outside their powers.
How are Justices Appointed to the UK Supreme Court?
When a vacancy arises, the Lord Chancellor convenes an independent selection committee of 5
members which is set out by law to include:
The President of the Supreme Court
Another senior UK judge (not a supreme court justice)
Representatives of each of the judicial appointment bodies of England and Wales, Scotland and
Northern Ireland. At least one of these must be a non-lawyer.
Although it is not required by law, selection commissions have always advertised vacancies
widely and invited written applications.
The commission consults several senior politicians and judges across the UK. Candidates are
shortlisted against the job criteria, based on merit.
After interviews, a report is then sent to the Lord Chancellor for their consideration
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