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Information about Supreme Court Of The United Kingdom

The Supreme Court of the United Kingdom was established in law by Part 3 of the Constitutional Reform Act 2005. The Lord Chancellor has announced[1] that it will start work in October 2009 once its new premises are ready.

It will take over the judicial functions of the Law Lords in the House of Lords and some functions from the Judicial committee of the Privy Council. The supreme court will be the final court of appeal in all matters under English law, Welsh law (to the extent that the Welsh Assembly make laws for Wales that differ from those in England) and Northern Irish law.

It will not have authority over criminal cases in Scotland, where the High Court of Justiciary will remain the supreme court. However, it may hear appeals from the Court of Session, just as the House of Lords can today.

It may hear cases of dispute between the three devolved governments - the Northern Ireland Executive, the Scottish Executive and the Welsh Assembly Government - and the UK government, taking over this function from the Privy Council.

Existing Supreme Courts in the UK

The new Supreme Court should not be confused with the Supreme Court of Judicature of England and Wales, which was created in the 1870s under the Judicature Acts and consists of the Court of Appeal, High Court of Justice and Crown Court. When the provisions of the Constitutional Reform Act 2005 come into force, creating the Supreme Court of the United Kingdom, the present Supreme Court of Judicature will become known as the Senior Courts of England and Wales to avoid confusion.

The High Court of Justiciary, the Court of Session, and the Office of the Accountant of Court comprise the Supreme Courts of Scotland.[2]

Jurisdiction

The main role of the UK Supreme Court will be to hear appeals from courts in the United Kingdom's three legal systems: England & Wales, Northern Ireland and Scotland. The Court's focus will be on cases which raise points of law of general public importance. Like the current 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 Court will also hear some criminal appeals but not from Scotland as there will be no right of appeal from the High Court of Justiciary (Scotland's highest criminal court).

The UK Supreme Court will also determine "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 Executive and the Scottish Parliament, and the Welsh Assembly Government and the National Assembly for Wales. Devolution issues are currently 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.

The Appellate Committee of the House of Lords will cease to exist after October 2009. The Judicial Committee of the Privy Council will however continue, located within the new Supreme Court building, as it is the final court of appeal for several States in the Commonwealth of Nations and British Overseas Territories.

Why the UK Supreme Court was created

The Government's plans to create the Supreme Court, announced in June 2003, were controversial and were brought forward with little consultation. During 2004, a select committee of the House of Lords scrutinised the arguments for and against setting up a new court.[3]

The main argument in favour of change was that there should be a separation between the House of Lords' role as a legislature and its role as a court. This, it was claimed, confused people and offended constitutional principles of separation of powers and independence of the judiciary. The main argument against the reforms was that the current arrangements worked well and provided good value for money.

Building

The new Supreme Court will be located in a building separate from the Houses of Parliament. The Constitutional Reform Act 2005 gives time for a suitable building to be found and fitted out before the Law Lords move out of the Palace of Westminster. After a lengthy survey of suitable sites, including Somerset House, the location for the new court will be Middlesex Guildhall, in Parliament Square, Westminster. London-based architectural practice Feilden and Mawson was chosen to make the necessary alterations. The building is expected to re-open after renovation in October 2009.

Appointment of Judges

The Lords of Appeal in Ordinary (the Law Lords) who hold office when the Supreme Court begins work in October 2009 will be the first justices of the twelve-member Supreme Court. The Constitutional Reform Act 2005 makes provision for a new appointments process for Justices of the Supreme Court. A selection commission will be formed when vacancies arise. This will be composed of the President and Deputy President of the Supreme Court and members of the appointment bodies for England and Wales, Scotland, and Northern Ireland. New judges appointed to the Supreme Court after its creation will not receive peerages nor will they be members of the House of Lords.

References

1. ^ [1]
2. ^ PDF-file - "The Supreme Courts are made up of: the Court of Session, the High Court of Justiciary and the Accountant of Court's Office" - Scottish Court Service, accessed 12 March 2007
3. ^ [2]

See also

External links



Coordinates:
Acts of Parliament of predecessor
states to the United Kingdom
Acts of English Parliament to 1601
Acts of English Parliament to 1641
Acts and Ordinances (Interregnum) to 1660
Acts of English Parliament to 1699
Acts of English Parliament to 1706
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The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State and is appointed by the Sovereign on the advice of the Prime Minister.
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The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. Historically, the House of Lords also functioned as a court of first instance for the trials of peers and for
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Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords in order to exercise its judicial functions, which include acting as the highest court of appeal for most domestic matters.
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The Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled

Type Upper House

Lord Speaker
Hélène Hayman, Baroness Hayman, PC, (Non-affiliated)
since July 4, 2006
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The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833.[1] It replaced the Court of Delegates.
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supreme court functions as a court of last resort whose rulings cannot be challenged. However, in some jurisdictions other phrases are used to describe the highest courts. There are also some jurisdictions where the supreme court is not the highest court.
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court is a public forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws. In common law and civil law states, courts are the central means for dispute resolution, and it is generally understood that all
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In law, an appeal is a process for making a formal challenge to an official decision.

The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country.
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English law, the legal system of England and Wales, is the basis of common law legal systems throughout the world (as opposed to civil law or pluralist systems in other countries, such as Scots law).
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Wales

This article is part of the series:
Politics of Wales

  • Contemporary Welsh Law
  • English Law
  • Courts of England and Wales
  • National Assembly for Wales

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The National Assembly for Wales (Welsh: Cynulliad Cenedlaethol Cymru) is a devolved assembly with power to make legislation in Wales.
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Motto
Cymru am byth   (Welsh)
"Wales forever"
Anthem
"Hen Wlad Fy Nhadau"
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Motto
Dieu et mon droit   (French)
"God and my right"
Anthem
No official anthem specific to England — the anthem of the United Kingdom is "God Save the Queen".
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Motto
Nemo me impune lacessit   (Latin)
"No one provokes me with impunity"
"Cha togar m'fhearg gun dioladh"   
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The High Court of Justiciary is the supreme criminal court of Scotland.

The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House (or in the former Sheriff Court
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Court of Session is the supreme civil court of Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh.

The Sheriff Court is the other Scottish civil court; this sits locally.
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Devolution or home rule is the statutory granting of powers from the central government of a state to government at national, regional, or local level. It differs from federalism in that the powers devolved may be temporary and ultimately reside in central government, thus
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Northern Ireland

This article is part of the series:
Politics of Northern Ireland


In Northern Ireland
Northern Ireland Assembly Acts: Acts
Members: 1998 - 2003 - 2007
Elections: 1998 - 2003 - 2007
Presiding Officer

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Scottish Government (SG) (Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of government of Scotland. It was established in 1999 as the Scottish Executive
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Wales

This article is part of the series:
Politics of Wales

  • Contemporary Welsh Law
  • English Law
  • Courts of England and Wales
  • National Assembly for Wales

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Her Majesty's Government (HMG or HM Government), or when the monarch is male, His Majesty's Government, is the formal title used by the United Kingdom government, based at 10 Downing Street in London.
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Centuries: 18th century - 19th century - 20th century

1840s 1850s 1860s - 1870s - 1880s 1890s 1900s
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The Judicature Acts are two Acts of Parliament in the United Kingdom, the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 9 Vict. c.
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Her Majesty's Court of Appeal is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above it.

The Court is divided into two Divisions: the Civil Division and the Criminal Division.
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Her Majesty's High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the
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Crown Court is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Supreme Court of Judicature in England and Wales. It is the higher court of first instance in criminal cases, and is equal in stature to the High Court, which hears
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Courts of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they are constituted and governed by the Law of England and Wales and are subordinate to the Parliament of the United Kingdom.
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The High Court of Justiciary is the supreme criminal court of Scotland.

The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House (or in the former Sheriff Court
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