Description of the legal term Supreme Court:
The United Kingdom Supreme Court is the ultimate court of appeal in the UK for civil cases, and for criminal cases from England, Wales, and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population. Established on 1st October 2009, the court assumed the judicial functions of the House of Lords, which was until that time the UK’s highest court of appeal. The court comprises twelve Justices who are appointed by the Queen on the advice of the Prime Minister and the Lord Chancellor, following a selection process involving a selection commission of senior judiciary and lay members.
Its creation marked an important constitutional change in the UK, not least because it separated the final court of appeal from the legislative process, a reflection of the doctrine of the separation of powers. Unlike the old appellate committee of the House of Lords, the Justices of the Supreme Court do not sit in the House of Lords and are not permitted to be members of either the House of Lords or House of Commons.
The Supreme Court’s jurisdiction includes a range of legal matters, including cases concerning the interpretation and application of human rights law, complex commercial disputes, significant family law questions, patent law, tax law, and often issues of wide public importance, such as devolution. It is the final arbiter of the law and its decisions are binding on all other courts in the UK.
The court also deals with devolution matters, which means it has a role in ensuring that the UK Parliament and the devolved legislatures in Scotland, Wales, and Northern Ireland do not exceed their respective powers. This ensures that each part of the UK government abides by the framework set out in the UK constitution, contributing to the constitutional balances within the UK.
The Supreme Court operates on the principles of transparency and accessibility. It is common for hearings to be broadcasted, allowing the public to view the proceedings and understand the judicial process better. Decisions are written in clear language and made available to the public to scrutinize and understand the rationale behind the court’s rulings.
Legal context in which the term Supreme Court may be used:
A recent notable case that was decided by the Supreme Court involved the prorogation of the UK Parliament in 2019. Prime Minister Boris Johnson advised the Queen to prorogue Parliament, which she did, a move that was widely seen as an attempt to avoid parliamentary scrutiny of the government’s Brexit plans. However, a number of legal challenges were brought against the government’s decision, arguing that it was unlawful.
The case was escalated to the Supreme Court after conflicting decisions in the lower courts. The court unanimously ruled that the advice to the Queen was unlawful, as it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification. This landmark decision demonstrated the significant role of the court in upholding the constitution and checking the powers of the government.
Another instance where the role of the court was underscored involved the decriminalization of assisted suicide. The court was asked to rule on whether the current law, which made it illegal to assist someone in dying, was incompatible with individuals’ rights under the European Convention on Human Rights. Whilst the Supreme Court recognized the sensitivity and moral complexity of the issue, it ultimately decided that it was not the role of the court to change the law in this instance but that of Parliament. This judgment emphasized the court’s role in interpreting the law, rather than creating it, maintaining the balance between judicial, legislative, and executive powers.
The significance of the United Kingdom Supreme Court in the British legal system cannot be overstated. It upholds the rule of law, provides finality in legal disputes, and ensures that the UK’s laws are consistent with democratic standards and human rights obligations. As the highest court in the land, its decisions shape the development of the law and serve as precedents that will guide future cases, reflecting its pivotal role in the governance and legal framework of the country.
