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The UK Supreme Court - functions, origins and effectiveness

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A* student notes for the new Politics A level (starting 2019). These notes cover the entire chapter of the Supreme Court with all the essential content, along with examples under the AQA and Edexcel specification. These notes adress the roles and composition of the Supreme Court. This set of notes ...

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  • February 21, 2019
  • 11
  • 2018/2019
  • Study guide

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THE SUPREME COURT
Key Topics:
 What is the role and composition of the Supreme Court?
 What are the key doctrines and principles that underpin the work of the Supreme Court?
 How does the Supreme Court use its powers to review the actions of other institutions and protect
rights?
 What impact does the Supreme Court have through its work?
 What might Brexit mean for the jurisdiction, power and authority of the Supreme Court?


The UK Supreme Court’s power to hear appeals and review the action of other public bodies allows it to
establish new rules or ‘precedents’ that affect not only the case in question, but all subsequent cases.

The role of composition of the Supreme Court
 Judiciary: In normal usage the term ‘judiciary’ refers collectively to all UK
judges, from lay magistrates and those serving tribunals, right up to the 12
senior justices sitting in the UK Supreme Court. In a wider sense this may
refer to those who are involved in the administration and application of
justice.
 Constitutional Reform Act (CRA) 2005: The CRA reduced the power of the lord
chancellor and placed most senior judicial appointments into the hands of a new, independent
Judicial Appointment Commission. It was hoped that this change would enhance the separation
of powers and result in a senior judiciary that was more socially representative of the broader
population. The Act also provided for the creation of the Supreme Court.
 Secret Soundings: The informal and secretive way in which most senior judges were once
appointed. The phrase describes the way in which the Lord Chancellor consulted in secret with
close associates and those already serving in the senior judiciary. The resulting lack of
transparency in appointments led to accusation of elitism.
 Senior Judiciary: The senior judiciary compromises justices of the Supreme Court
(formerly the Law Lords), heads of divisions, Lords Justices of Appeal, High Court judges, and
deputy High Court judges.
 Qualifying practitioner: Someone who has senior courts qualification; is an advocate in
Scotland or a solicitor entitled to appear in the Scottish Court of sessions or is a member of the
Court of Appeal of Northern Ireland

The UK Judiciary does not exist as a single body. Scotland and Northern Ireland operate under different
legal arrangements from those in England and Wales.

→The one common feature of all systems is the part played by the Supreme Court which acts as the
highest court of appeal




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