Eleanor Finch
The UK Supreme Court (UKSC) was established in October 2009 under the Constitutional Reform Act 2005 (CRA 2005). It is the final court of appeal for civil cases in the United Kingdom and criminal cases from England, Wales, and Northern Ireland. The Supreme Court also hears appeals on arguable points of law where matters of wider public and constitutional importance are involved. The UK does not have an entrenched codified constitution, so the Supreme Court's powers of judicial review are limited. However, it plays an important role in interpreting and applying UK law and ensuring the independence of the judiciary from the legislature.
| Characteristics | Values |
|---|---|
| Date of establishment | 1 October 2009 |
| Purpose | To strengthen the separation of powers in the UK constitution |
| Type of court | The only UK-wide court and the final court of appeal for civil cases across the UK and criminal cases in England, Wales, and Northern Ireland |
| Location | Middlesex Guildhall, Westminster |
| Legislation | The Constitutional Reform Act 2005 |
| Relationship with the Court of Justice of the European Union | Changed after Brexit |
| Relationship with the European Court of Human Rights | Required to "take account" of decisions, but not bound by them |
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What You'll Learn
The UK Supreme Court's role in the UK constitution
The UK Supreme Court (UKSC) was established in October 2009 under the Constitutional Reform Act 2005 (CRA 2005). It is the final court of appeal for civil matters throughout the UK and for criminal matters in England, Wales and Northern Ireland. It also hears appeals on arguable points of law where matters of wider public and constitutional importance are involved.
The UKSC was created to strengthen the separation of powers in the UK constitution, by removing the judiciary (the Law Lords) from the upper house of the UK legislature (the House of Lords). The Supreme Court sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere. It is the only UK-wide court and acts as a final court of appeal for rulings made by the lower courts.
The Supreme Court's role is primarily that of an appellate jurisdiction. This means it is a forum for reconsidering the legal decisions of other courts and tribunals, rather than one that considers original disputes directly. Most of the cases heard by the Supreme Court are brought from other appellate courts, but some are brought directly from courts of first instance.
The Supreme Court also decides devolution issues, which are legal proceedings about the powers of the devolved administrations in Scotland, Wales and Northern Ireland. Devolution cases can reach the Supreme Court in three ways: through a reference from someone who can exercise relevant statutory powers; through an appeal from certain higher courts in England, Wales, Scotland and Northern Ireland; or through a reference from certain appellate courts.
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The Supreme Court's relationship with the Court of Justice of the European Union
The United Kingdom Supreme Court is the final court of appeal for all civil cases in the UK and criminal cases originating in England, Wales, and Northern Ireland. It also hears cases on devolution matters from Scotland, Wales, and Northern Ireland. The UK does not have an entrenched codified constitution, so the Supreme Court is limited in its powers of judicial review.
The Court of Justice of the European Union (CJEU) is the supreme court of the European Union in matters of European Union law. It is composed of one judge per member state, currently 27, and is based in Luxembourg. The CJEU interprets EU law to ensure it is applied uniformly across all EU countries and settles legal disputes between national governments and EU institutions. The CJEU also allows individuals, companies, or organizations to take action against an EU institution if they feel their rights have been infringed.
The relationship between the UK Supreme Court and the CJEU has changed due to the UK's exit from the European Union. The European Union (Withdrawal) Act 2018 and related legislation have provided for two key changes in this relationship.
The CJEU and the UK Supreme Court have distinct roles and responsibilities, with the CJEU focusing on ensuring the uniform application of EU law and settling disputes between EU entities and member states. The UK Supreme Court, on the other hand, primarily deals with civil and criminal appeals within the UK and devolution issues. While the UK Supreme Court is the final court of appeal in the UK, the CJEU does not serve as an appeals court for national courts. Instead, national courts may seek preliminary rulings from the CJEU when dealing with questions of EU law interpretation or validity.
Despite their differences, both courts play crucial roles in their respective jurisdictions, with the CJEU ensuring the uniform application of EU law across member states, and the UK Supreme Court addressing matters of significant public or constitutional importance within the UK.
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The Supreme Court's appellate jurisdiction
The Supreme Court of the United Kingdom is the final court of appeal for all civil cases in the UK, and for criminal cases originating in England, Wales, and Northern Ireland, as well as some limited criminal cases from Scotland. It is the highest appellate court for these matters and hears cases of great public or constitutional importance affecting the whole population.
The establishment of the Supreme Court in 2009 marked a significant moment in the constitutional history of the UK, as it separated judicial power from the legislature, emphasising the independence of the Law Lords. This transfer of power was made possible by the Constitutional Reform Act 2005, which provided for the Court's legal existence and allowed time for a suitable building to be prepared.
Historically, the Supreme Court's docket was crowded due to the broad grant of appellate jurisdiction in the 1789 Act and the Court's determination to exercise this jurisdiction mandatorily. Early Supreme Court decisions emphasised the mandatory nature of appellate review, with Chief Justice John Marshall stating that the Court is obligated to take and decide cases meeting jurisdictional standards. However, over time, there has been a reduction in the mandatory review of federal court cases by the Supreme Court, with Congress authorising Supreme Court review through appeals and petitions for a writ of certiorari.
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The Supreme Court's founding and the Constitutional Reform Act 2005
The United Kingdom has a doctrine of parliamentary sovereignty and no entrenched codified constitution. The UK Supreme Court is the final court of appeal for all civil cases in the UK and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland.
The Supreme Court was established on 1 October 2009, following the Constitutional Reform Act 2005. The Act provided for the Court's legal existence, and it came into legal effect when the newly restored building was ready for its new purpose. The Supreme Court sits in the former Middlesex Guildhall, in Westminster, an historic location directly linked with justice and the law for nearly a millennium. 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.
The Constitutional Reform Act 2005 was an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provided 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. The Act also 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 office of Lord Chancellor was reformed to remove the ability of the holder to act as both a government minister and a judge, an arrangement that ran contrary to the idea of separation of powers. The reform was motivated by concerns that the historical mixture of legislative, judicial, and executive power might not conform with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights, because a judicial officer with legislative or executive power is unlikely to be considered sufficiently impartial.
The Constitutional Reform Act 2005 also set out a new appointment process for Justices of the Supreme Court. An independent selection commission is to be formed when vacancies arise, composed of the President of the Supreme Court (the chair), another senior UK judge (not a Supreme Court Justice), 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. By law, at least one of these must be a non-lawyer.
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The Supreme Court's role in interpreting and applying UK law
The United Kingdom does not have an entrenched codified constitution, so the UK Supreme Court is limited in its powers of judicial review compared to the constitutional or supreme courts of some other countries. The Supreme Court is the highest appellate court in the UK, and it hears civil cases and criminal cases from England, Wales, and Northern Ireland. It also hears some limited criminal cases from Scotland. The Supreme Court is the final court of appeal in the UK, and it plays an important role in interpreting and applying UK law.
The Supreme Court's role is primarily that of an appellate jurisdiction. This means that it is a forum for reconsidering the legal decisions of other courts and tribunals, rather than considering original disputes directly. The Supreme Court hears cases of the greatest public or constitutional importance affecting the whole population. It also decides devolution issues, which are legal proceedings about the powers of the devolved executive and legislative authorities in Scotland, Wales, and Northern Ireland.
The Human Rights Act 1998 requires UK courts, including the Supreme Court, to "'take account'" of decisions made by the European Court of Human Rights, which sits in Strasbourg. UK courts are not required to follow the decisions of the Strasbourg Court and can decline to do so, especially if they consider that the Court has not sufficiently appreciated the UK's domestic constitutional position.
The Supreme Court also has a role in interpreting and applying the law of the UK's three territorial jurisdictions. It ensures that the law is correctly interpreted and applied and that the legal limits are adhered to.
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Frequently asked questions
The UK Supreme Court (UKSC) is the final court of appeal for all civil cases in the UK and criminal cases from England, Wales, and Northern Ireland.
The UK Supreme Court was established in October 2009 under the Constitutional Reform Act 2005.
The Supreme Court's role is primarily that of an appellate jurisdiction, meaning it reconsiders legal decisions of other courts and tribunals. It also hears cases of the greatest public or constitutional importance affecting the whole population.
The UK Supreme Court is the only UK-wide court and sits above all other courts as the final court of appeal. It also hears appeals on arguable points of law and matters of wider public and constitutional importance.
An independent selection commission is formed when vacancies arise, composed of the President of the Supreme Court, another senior UK judge, and a member of the Judicial Appointments Commission of England and Wales. Justices appointed after October 2009 are not automatically awarded peerages.
