The First Five Years of the Supreme Court of the United Kingdom of Great Britain and Northern Ireland Cover Image

Pierwsze pięć lat działalności Sądu Najwyższego Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej
The First Five Years of the Supreme Court of the United Kingdom of Great Britain and Northern Ireland

Author(s): Anna Michalak
Subject(s): History of Law, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: The Supreme Court; the United Kingdom of Great Britain and Northern Ireland; the separation of powers; constitutional system; the judiciary

Summary/Abstract: In October of 2009 the first five years of the functioning of the Supreme Court of the United Kingdom of Great Britain and Northern Ireland passed. The Supreme Court is the final 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. The duty of the Supreme Court (as well as of the other courts) is to interpret all existing legislation so that it is compatible with the ECHR; so far as it is possible to do so. If the court decides it is not possible to interpret legislation so that it is compatible with the ECHR it will issue a ‘declaration of incompatibility’. In rare circumstances, the Supreme Court has effectively sent issues back to Strasbourg for reconsideration. The purpose of this article is to summarize the current activities of the authority and influence that its appointment had on the British justice, with particular attention to the case-law issued on matters of fundamental importance to the constitutional system of the United Kingdom.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 119-137
  • Page Count: 19
  • Language: Polish