Supreme Court

• Constitutional Reform Act


  2005
• Constitutional Reform Act 2005


  • Reduced the power of the Lord Chancellor
  • Placed most senior judicial appointments under a Judicial Appointments Commission
  • Aimed for separation of powers and a more socially representative judiciary
• Origin and functions of the UK Supreme Court


  • Replaced the Appellate Committee of the House of Lords as the highest court of appeal
  • To act as the final court of appeal in England, Wales, and Northern Ireland - and hear appeals from civil cases in Scotland
  • To clarify the meaning of the law, by hearing appeals in cases where there is uncertainty
• Appointment process and composition of the UK Supreme Court


  1. Vacancies filled by an ad hoc selection commission

  2. Commission comprises: President of the Supreme Court, Deputy President, 1 member of the Judicial Appointments Commission, 1 member of the Judicial Appointments Board for Scotland, 1 member of the Northern Ireland Judicial Appointments Commission

  3. Candidates must have held high judicial office for at least 2 years, or been a qualifying practitioner for 15 years
• Key doctrines and principles


  • Rule of law
  • Judicial independence
  • Judicial neutrality
• Judicial independence in the UK

  • Security of tenure for judges
  • Judges can only be removed through impeachment proceedings
  • Guaranteed salaries paid from the Consolidated Fund
  • Offence of contempt of court
  • Growing separation of powers
  • Independent appointments system
  • Training and experience of senior judges
• Guaranteeing judicial neutrality


  • Restrictions on political activity
  • Legal justification of judgements
  • High level of training
• The creation of the Supreme Court in 2009


  Brought senior judges into the public arena and subjected them to greater scrutiny by the media
• Politicians have broken with convention


  By publicly criticising rulings handed down by senior judges
• Positives of the Supreme Court's increased 'politicisation'


  • Appointments process made more transparent and less open to political interference
  • The UK senior judiciary has become more independent
  • Increased conflict between judges and politicians shows the courts are prepared to challenge the government
• Judicial review


  The power of senior courts to clarify the legal meaning of a law or regulation, and to review appeal cases heard previously at lower courts
• The UK Supreme Court has no more power than the Appellate Committee of the House of Lords that it replaced
• It is rare for senior judges worldwide to be elected to office
• Factors enhancing the authority of the Supreme Court


  • More independent and less opaque appointments process
  • Clearer separation of powers and physical separation between legislature and judiciary
  • Ongoing process of 'demystification' - with public visits, a clear website and enhanced media coverage
• Brexit and the Supreme Court's power under the Human Rights Act 1998


  Leaving the EU does not, in itself, remove the UK's obligations under the European Convention on Human Rights, as this is a separate organisation from the EU