The Supreme Court

This lesson examines the UK Supreme Court — the highest court of appeal in the United Kingdom. Created by the Constitutional Reform Act 2005 and operational since October 2009, the Supreme Court replaced the Appellate Committee of the House of Lords as the final domestic court of appeal. Understanding the Supreme Court's role, composition, and significance is essential for the Edexcel A-Level Politics specification.

---

The Creation of the Supreme Court

Why Was It Created?

Before 2009, the highest court of appeal in the UK was the Appellate Committee of the House of Lords. The "Law Lords" — formally called Lords of Appeal in Ordinary — sat as both legislators in the House of Lords and as the highest judges in the land.

This arrangement was criticised for several reasons:

1. Confusion of roles. The Law Lords were simultaneously members of the legislature and the judiciary, blurring the separation of powers.
2. Perceived lack of independence. Although the Law Lords claimed to keep their judicial and legislative functions separate, the arrangement raised concerns about the appearance of independence.
3. European Convention on Human Rights. Article 6 of the ECHR requires a fair trial before an "independent and impartial tribunal." Having judges who were also legislators potentially undermined this requirement.
4. Modernisation. The UK was increasingly out of step with international norms. Most comparable democracies had a separate, identifiable highest court.

The Constitutional Reform Act 2005

The Constitutional Reform Act 2005 — passed under Tony Blair's Labour government — made three major changes:

1. Created the UK Supreme Court as a separate institution, physically housed in the former Middlesex Guildhall on Parliament Square (rather than within the Palace of Westminster).
2. Transferred the role of head of the judiciary from the Lord Chancellor to the Lord Chief Justice.
3. Established the Judicial Appointments Commission (JAC) to select judges on merit, removing the Lord Chancellor's dominant role in appointments.

The Supreme Court began hearing cases on 1 October 2009. The 12 existing Law Lords transferred to become the first Justices of the Supreme Court.

---

Composition of the Supreme Court

The Supreme Court has 12 Justices, appointed by the monarch on the recommendation of a special selection commission. Cases are typically heard by a panel of five Justices, though panels of seven, nine, or even eleven may sit for particularly important cases.

The Selection Process

When a vacancy arises, an ad hoc selection commission is convened, comprising:

• The President of the Supreme Court
• The Deputy President
• One member of the Judicial Appointments Commission (England and Wales)
• One member of the Judicial Appointments Board for Scotland
• One member of the Northern Ireland Judicial Appointments Commission

The commission recommends a single candidate to the Lord Chancellor, who can:

• Accept the recommendation
• Reject it (once only)
• Ask for reconsideration (once only)

If the Lord Chancellor rejects or asks for reconsideration, the commission can either put forward the same name or a different one. Ultimately, the commission has the decisive say, ensuring that appointments are merit-based rather than political.

Presidents of the Supreme Court

President	Term
Lord Phillips of Worth Matravers	2009–2012
Lord Neuberger of Abbotsbury	2012–2017
Lady Hale of Richmond	2017–2020
Lord Reed of Allermuir	2020–present

Lady Hale was the first female President of the Supreme Court, serving from 2017 to 2020. She presided over some of the most high-profile cases in the Court's history, including the Miller/Cherry (prorogation) case in 2019.

---

The Role of the Supreme Court

The Supreme Court performs several key functions:

1. Final Court of Appeal

The Supreme Court is the final court of appeal for:

• Civil cases from all parts of the UK (England and Wales, Scotland, and Northern Ireland).
• Criminal cases from England, Wales, and Northern Ireland (but NOT from Scotland — the final criminal appeal court in Scotland is the High Court of Justiciary).

The Court hears appeals on points of law of "general public importance." It does not retry facts; it determines whether the law has been correctly interpreted and applied.

2. Judicial Review of Executive Action

The Supreme Court hears cases involving judicial review of government decisions. This is one of its most politically significant functions, as it allows the Court to rule on the legality of actions taken by government ministers and public bodies.

Example: In R (Miller) v Secretary of State for Exiting the EU (2017), the Supreme Court ruled 8-3 that the government could not trigger Article 50 without an Act of Parliament. This was a direct check on the executive's power.

3. Determining Constitutional Questions

In the absence of a codified constitution, the Supreme Court plays a crucial role in resolving constitutional questions — particularly disputes about the respective powers of Parliament, the executive, and the devolved legislatures.

Example: In R (Miller) v The Prime Minister (2019), the Court unanimously (11-0) ruled that Boris Johnson's advice to the Queen to prorogue Parliament for five weeks was unlawful, void, and of no effect. This was arguably the most significant constitutional ruling since the creation of the Supreme Court.

4. Devolution Cases

The Supreme Court adjudicates devolution disputes — determining whether the Scottish Parliament, Senedd Cymru (Welsh Parliament), or the Northern Ireland Assembly have acted within their legislative competence.