Role of Supreme Court

• Why was the Supreme Court established?

  • concerns over incomplete separation of powers
  • widespread criticism over the system of appointing law lords
  • confusion in the public about the status and role of the law lords
• what are the functions performed by the supreme court?

  • to act as a final court of appeal (excluding Scotland)
  • to hear appeals from civil cases in Scotland
  • clarify the meaning of the law
• what are the key doctrines that underpin the Supreme Court’s work?

  • Constitutional theorist AV Dicey
  • rule of law is a twin pillar of the constitution
  • Equal justice must be free to all
• features of the rule of law

  • no one can be punished without trial (not always maintained - TACT Blair)
  • no one is above the law
  • General principles of the constitution result from the decision of judges (but parliament remains sovereign)
• what is judicial independence?

  • judiciary should be free from political control
• what is impartiality?

  • judges operate without personal bias in their administration of justice
• how is judicial independence and impartiality guaranteed?

  • security of tenure
  • guaranteed salaries
  • contempt of court
  • growing separation of powers
  • independent appointment system
• threat to judicial impartiality - narrow recruiting pool

  • often drawn from narrow pools
  • decisions cant be made with their own life experiences when they are so far from most that are brought before them
  • most of those appointed went to private schools and the Oxbridge
• Threat to impartiality - drawn into political conflicts

  • HRA 1998 has resulted in politicisation of the judiciary
  • conflict between the judiciary and the executive
  • senior judges appear to be taking on the political establishment in defence of civil liberties
  • R Miller v the PM