Supreme Court

• Pre 2009

  The most senior judges were the 'law lords', sitting in the House of Lords.

  This system changed in 2009 after the passing of the 2005 CRA, creating a separate Supreme Court.
• What does the Supreme Court cover?

  The SC is the only UK wide court, acting as a final court of appeal for all 3 nations systems.
• Appointments

  There are 12 members, with 5 trying cases to ensure there is always a majority ruling.

  Members are nominated by a select committee, with the Lord Chancellor confirming or rejecting the nomination, which is then confirmed by the Monarch and PM.
• Limitations

  The SC cannot strike down laws, due to there be no higher codified law.
• What the SC can do

  Determining the meaning of law.

  Establishing whether a public body has acted ultra vires.

  Determining the location of UK sovereignty.

  Declaring incompatibility with the HRA.
• Ultra Vires

  A public body acting beyond their authority. E.g Boris Johnson proroguing parliament in 2019.
• Determining the location of UK sovereignty 


  Due to uncodified constitution, sovereignty and where it lies can be unclear. It is the SCs' job to determine where it is.
• Declaring incompatibility with the HRA

  Judges cannot strike down Acts of Parliament, however if it violates the HRA it can declare it to be incompatible. This does not legally compel the government to amend the legislation.