Role of the Supreme Court

Principles of the SC

• Highest court in the UK

• Independence from political pressure

• Membership due to legal experience and good judgement as opposed to political bias

• Only Plmt able to overturn SC decisions by passing new, or amending existing, legislation

  • Rwanda Bill: ruled illegal as SC said Rwanda was not a safe country, Plmt passed law to say Rwanda was a safe country

• Enforces the ECHR, rule of law and freedom of information act

• Asserts Common Law Rights

Cases that the SC hears

• Judicial reviews for important bodies, such as the govt

• Cases that have implications for other bodies in order to set a precedent

• Cases that involve important interepretations of the law

• Cases that are in the public interest

• Cases are a key issue of human rights

Roles of the Supreme Court

1. Ensuring the rule of law is applied

2. Interpreting the law

3. Conducting judicial review

4. Hearing cases

• Ensuring the law is correctly applied and is being followed equally by everyone

• Appellate court

Roles of the Supreme Court - ensuring the rule of law is applied

• Oversees the work of lower courts in the UK

• All courts have a duty to ensure maintenance of the rule of law, but this is a key role of the SC

• Ensuring all citizens are treated equally under the law

• Trials and hearings:

  • Ensuring that all parties gain a fair hearing and

  • The law is applied in the spirit it’s intended

Roles of the Supreme Court - interpretation of the law

• Precise meaning of statute/common law is not always clear

• Needed: circumstances under which those in a court conflict about what the law is suppposed to mean

• Sets judicial precedent: other judges must follow the same interpretation as the SC

Roles of the Supreme Court - conducting judicial reviews

• Process citizens go through when they feel they have been mistreated by a public body

  • E.g. different treatment of citizens, clear injustice such as acting ultra vires, devolution (power and limits of devolved bodies)

• Examines and establishes wrongdoing

• Compensation given, or reversal of decision

Roles of the Supreme Court - hearing cases

• Up to 11, usually 5, SC judges hear each case

  • Majority needed to pass

• Only the ECHR can reverse the SC’s judgement if human rights are at stake

Roles of the Supreme Court - achievement of democratic objectives

• Ensuring the govt doesn’t overstep powers

• Asserting the rights of citizens

Examples: Human Rights Act 1998

• Boosted the SC

2013- applications for judicial review + impact

• More than 15 000 applications made, most refused

• Impact:

  • Govt restricted cases able to apply for legal aid

  • Raised court costs

• Chris Grayling, Justice Secretary - aimed to “drive out meritless applications” used as a “cheap delaying tactic” to govt actions

2014- JR cases heard, success rate

• 4062 heard

• 36% successful

2015-19 - decrease in JR applications

• JR applications down by 44%