The Supreme Court of the UK Cover Image

Vrhovni sud Ujedinjenog Kraljevstva
The Supreme Court of the UK

Author(s): Dejan Pavićević
Subject(s): History of Law, Constitutional Law, Transformation Period (1990 - 2010), Sociology of Law
Published by: Institut za uporedno pravo
Keywords: Supreme Court; United Kingdom; constitutional justice; jurisdiction;

Summary/Abstract: In October 2009, The Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom. The Supreme Court’s 12 Justices maintain the highest standards set by the Appellate Committee, but are now explicitly separate from both Government and Parliament. The Court hears appeals on arguable points of law of the greatest public importance, for the whole of the United Kingdom in civil cases, and for England, Wales and Northern Ireland in criminal cases. Additionally, it hears cases on devolution matters under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act 2006. This jurisdiction was transferred to the Supreme Court from the Judicial Committee of the Privy Council. The Supreme Court sits in the former Middlesex Guildhall, on the western side of Parliament Square. This new location is highly symbolic of the United Kingdom’s separation of powers, balancing judiciary and legislature across the open space of Parliament Square, with the other two sides occupied by the executive (the Treasury building) and the church (Westminster Abbey). The Supreme Court also decides devolution issues, that is issues about whether the devolved executive and legislative authorities in Scotland, Wales and Northern Ireland have acted or propose to act within their powers or have failed to comply with any other duty imposed on them. Devolution cases can reach the Supreme Court in three ways: • Through a reference from someone who can exercise relevant statutory powers such as the Attorney General, whether or not the issue is the subject of litigation • Through an appeal from certain higher courts in England and Wales, Scotland and Northern Ireland • Through a reference from certain appellate courts. As an appeal court, The Supreme Court cannot consider a case unless a relevant order has been made in a lower court. The Supreme Court: • is the final court of appeal for all United Kingdom civil cases, and criminal cases from England, Wales and Northern Ireland • hears appeals on arguable points of law of general public importance • concentrates on cases of the greatest public and constitutional importance • maintains and develops the role of the highest court in the United Kingdom as a leader in the common law world The Supreme Court hears appeals from the following courts in each jurisdiction: England and Wales • The Court of Appeal, Civil Division • The Court of Appeal, Criminal Division • (in some limited cases) the High Court Scotland • The Court of Session Northern Ireland • The Court of Appeal in Northern Ireland • (in some limited cases) the High Court.

  • Issue Year: 2010
  • Issue No: 3
  • Page Range: 197-212
  • Page Count: 16
  • Language: Serbian