role and composition of the SC

• formed in 2009 after the constitutional reform act of 2005. before then the highest court sat in the house of lords and was thus a part of the legislature
• 10/12 justices went to oxbridge
• 11/12 justices are men
• 12/12 justices are white
• Lord Reed is the president of the SC
• Judges can step down/remain a justice until the age of retirement at 75, can be removed because of misconduct but is unprecedented
• Selection Process

  • Consult with Lord Chancellor
  • Personal statement + qualified as a judge for 15 years
  • LC + 1st Minister of Scotland and Wales + JACommittee of NI consulted
  • Shortlist, interview + more consultation
  • LC accepts or rejects, can only reject ONCE
  • King and PM notified of new Justice
• Role - ensure the law is correctly applied and followed
• Role - judicial review of important bodies e.g. NHS
• Role - oversees smaller courts as an appeal court
• Role - sets precedent
• Role - declares ultra vires
• Role - "incompatibility" with the HRA
• Appeals process - case heard from usually only 5 justices, a majority decision delivered orally
• Appeals process - selects cases deemed important
• Why a case can be important:

  • Judicial review
  • May create precedent
  • Involves an important interpretation of the law
  • Case with public interest / key issue
• In 2013, number of applications rose to 15,000 but most refused
• Government raised court costs and restricted cases which could apply for legal aid to curb rising appeals. Worked -> 2015-19 applications fell by 44%
• 2014 - 4062 cases heard but 36% successful