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United Kingdom Supreme Court

United Kingdom Supreme Court. Parliamentary Sovereignty Brief Background Responsibilities. Popular Sovereignty. Popular Sovereignty: The legislative body has absolute sovereignty and is supreme over all other government institutions, including executive and judicial bodies

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United Kingdom Supreme Court

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  1. United Kingdom Supreme Court Parliamentary Sovereignty Brief Background Responsibilities

  2. Popular Sovereignty • Popular Sovereignty: • The legislative body has absolute sovereignty and is supreme over all other government institutions, including executive and judicial bodies • The concept also holds that the legislative body may change or repeal any previous legislation, so that it is not bound by written law or precedent • Popular sovereignty contrasts with that of Judicial Review • Up until 2009, House of Lords retained judicial authority in the UK

  3. Brief Background • The creation of a Supreme Court for the United Kingdom was first debated in a July 2003 Department of Constitutional Affairs Consultation Paper • The paper laid out the argument that no true judicial separation existed between the judicial functions and legislative functions in the House of Lords • Non-judicial members of House of Lords were never given jurisdiction over legal decisions, but Gov’t wanted to create more transparency for citizens • Those who argued against the formation of a Supreme Court noted costs would rise w/ a formation of a separate court and problems may arise between UK Supreme Court and EU stipulations • The Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009 • It assumed the judicial functions of the House of Lords; 12 sitting Lords preside over the UK Supreme Court

  4. Powers and Responsibility • The main role of the UK Supreme Court is to hear appeals from courts in the United Kingdom's three legal systems: England and Wales, Northern Ireland and Scotland • The Supreme Court acts as the highest court for civil appeals in Scotland, but Scottish Supreme Court has jurisdiction over criminal courts • The Court's focus is on cases that raise points of law of general public importance: • Commercial disputes, family matters, claims of incompatibility with Human Rights • The court can overturn secondary legislation if that legislation is found to be beyond the powers of the primary legislation that allowed it in the first place • The court may also make a “Declaration of Incompatibility” which means that it believes that the legislation subject to the declaration is incompatible with the European Convention on Human Rights

  5. Understanding the UK Supreme Court • UK’s Supreme Opens for Business • http://www.youtube.com/watch?v=DA__YxSCo8U&feature=related • Opening of UK Supreme Court • http://www.youtube.com/watch?v=cOJm2aI7L2s&feature=related • From House of Lords to Supreme Court • http://www.youtube.com/watch?v=EHRmi26qFAA • Issues between UK and EU Courts • http://www.youtube.com/watch?v=CfZw_zGVABI

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