supreme court

• The supreme court is one of the newest additions to the political system in the UK and it has played an important role already
• Supreme court


  The highest court in the UK system, replacing the House of Lords
• Supreme court


  • It only opened in October 2009, following the Constitutional Reform Act of 2005
  • It consists of 12 members
  • The number of judges hearing a case indicates the importance of the case (e.g. 5, 9 or 11 judges)
  • It is headed by the President of the Supreme Court
  • There are currently 10 male and 2 female justices
• Appointment of supreme court justices

  1. Nominated by an independent 5-member selection commission

  2. Nomination confirmed or rejected by the Lord Chancellor/Justice Secretary

  3. Appointment confirmed by the Prime Minister and Monarch
• Lord Chancellor/Justice Secretary


  Used to be a member of the Cabinet and head of the judiciary, but their powers have been reduced with the creation of the Supreme Court
• The Supreme Court is the only UK-wide court, other than Scotland and Northern Ireland having independent court systems
• Role of the Supreme Court

  • Final court of appeal for judgments in lower courts
  • Final court of appeal for criminal cases in England, Wales and Northern Ireland, and civil cases across the UK
  • Hears cases of significant public and constitutional importance
  • Rules on whether authorities have acted outside their powers (ultra vires)
• Judicial neutrality


  Justices should not be swayed by their own political opinions and should stay out of party politics
• Justices avoid conflicts of interest by not hearing cases involving family, friends or professional associates
• Justices can participate in public activities but cannot be involved in political activity
• Decisions of the Supreme Court are fully explained on the court's website and cases are televised, allowing public scrutiny
• The neutrality and representativeness of the Supreme Court has been questioned, with criticism that it is 'male, pale and stale'
• The Supreme Court ruled that Boris Johnson's prorogation of Parliament in 2019 was unlawful
• Judicial independence


  Judges cannot be removed from office unless they break the law, and their pay is protected from government interference
• Ultra vires


  The Supreme Court can rule that a public body has acted beyond the authority given to it by law
• Examples of ultra vires rulings

  • Ruling that the Lord Chancellor acted ultra vires in changing the legal aid act
  • Ruling that the Scottish Parliament acted ultra vires in passing bills copying EU law and UN conventions on children's rights
• Judicial review


  The power of the Supreme Court to review the actions of the executive and legislative branches of government and determine if they have broken the law or acted incompatibly with human rights
• The Supreme Court's ability to restrict the power of Parliament is limited by the doctrine of parliamentary sovereignty in the UK