Independence of the Supreme Court

Summary

The UK Supreme Court, located in Parliament Square, became independent of Parliament in 2009, following the Constitutional Reform Act of 2005. Previously, the highest court of appeal was housed within the House of Lords, where judges, known as Law Lords, participated in parliamentary debates. This structure raised concerns about the separation of powers between the judiciary, executive, and legislature. Today, the Supreme Court ensures impartiality and judicial independence, focusing on legal cases, including judicial reviews of government decisions. It operates separately from Parliament, with transparency through live broadcasts of hearings and judgments accessible globally.

Takeaways

• 😀 The UK Supreme Court is located in Parliament Square in Westminster, distinct from its historical home in the House of Lords.
• 😀 Before 2009, the highest court of appeal was part of the House of Lords, and the judges were called Law Lords.
• 😀 A key concern with the Law Lords sitting in the House of Lords was the separation of powers between the judiciary, executive, and legislature.
• 😀 The constitutional reform in 2005 led to the establishment of the UK Supreme Court, ensuring judicial independence from Parliament and government.
• 😀 The Supreme Court is now fully separate from Parliament, with its own building and impartial justices who take an oath to be fair and unbiased.
• 😀 The court handles cases across all areas of law, including judicial reviews of government decisions, where judges assess the lawfulness of actions by public bodies.
• 😀 Judicial review allows judges to examine the legality of decisions made by local authorities or government departments, but they do not engage in politics or policymaking.
• 😀 While the UK Supreme Court reviews judicial matters, it does not assess the legality of acts of Parliament, as Parliament is considered supreme.
• 😀 The principle of judicial independence and impartiality is fundamental to maintaining a healthy democracy and ensuring justice is seen to be done.
• 😀 The public can access the Supreme Court’s proceedings either by visiting in person or watching live broadcasts of hearings and judgments from anywhere in the world.

Q & A

What was the highest court of appeal in the UK before 2009?

Before 2009, the highest court of appeal in the UK was the House of Lords, where the judges were known as the Law Lords or Lords of Appeal in Ordinary.

Why was the position of the highest court in the House of Lords problematic?

The main concern was the separation of powers. The Law Lords not only acted as judges but also sat in the House of Lords and could debate and vote in parliament, which blurred the lines between the judiciary and the legislature.

What is the principle of separation of powers?

Separation of powers refers to the division of government into three branches: the executive, the legislature, and the judiciary. Each branch has distinct powers and responsibilities to prevent any one branch from becoming too powerful.

How did the Constitutional Reform Act of 2005 address the issue of separation of powers?

The Constitutional Reform Act of 2005 was passed to modernize the relationship between the government, parliament, and the judiciary. It established the UK Supreme Court, separating the judiciary from parliament and ensuring the judiciary's independence.

What is the role of the UK Supreme Court?

The UK Supreme Court is responsible for hearing cases across all areas of law, including judicial reviews, and it ensures that justice is administered impartially. It is completely separate from parliament and government.

What is judicial review?

Judicial review is a process in which a judge reviews the lawfulness of a decision or action made by a public body, such as a government department or local authority, to ensure it complies with the law.

What is the key difference between the UK and US Supreme Courts regarding acts of parliament?

Unlike the US Supreme Court, the UK Supreme Court does not review the legality of acts of parliament. This reflects the principle that parliament is supreme, not the court or the constitution.

Why is judicial independence important?

Judicial independence is crucial for maintaining impartiality in legal decisions, ensuring that judges are not influenced by government or parliamentary interests, and that justice is seen to be done.

How can the public engage with the UK Supreme Court?

The public can visit the UK Supreme Court and attend hearings in person. Additionally, hearings and judgments are broadcast live, allowing people from anywhere in the world to watch them.

What is the significance of the UK Supreme Court's impartiality and transparency?

Impartiality and transparency are essential to maintaining public trust in the legal system. By being impartial, the court ensures fair decision-making, and by being transparent, it allows the public to understand how and why decisions are made.