Creation of the supreme court - the before and after the Constitutional Reform Act 2005

Purpose, impact and features of the Constitutional Reform Act 2005

• Improve and guarantee independence of the UK judiciary

• Before CRA 2005

  • Claim that senior UK judges were independent of political influence but there was mixed evidence as to if it was truly upheld

• After CRA 2005

  • Removal of doubts surrounding judicial independence

  • Independence of judiciary and SC codified in law

    • President had to guarantee and maintain this independence from political and public pressure

• Feature:

  • Establishment of Supreme Court (became active in 2009)

State of the judiciary before the CRA - structure

• 12 Law Lords/Lords of Appeal in Ordinary

  • Members of the HoL

  • Expected to be neutral cross-benchers but were free to take part in the HoL

  • Up to 5 sat on each case

• Head of Law Lords - Lord Chancellor (all male pre-2016)

State of the judiciary before the CRA - role of the Lord Chancellor

• Had 3 roles:

  • Speaker (chair) of HoL (member of legislature)

  • Cabinet minister for the direction and management of the UK legal system (member of executive)

    • Advised the govt on legal policy

    • Appointed senior judges

    • Decided which Law Lords would hear each appeal case

  • Head of judiciary as the most senior judge in the UK (member of the judiciary)

• Was a member of all 3 branches of govt

State of the judiciary after the CRA - role of Lord Chancellor

• Lord Chancellor no longer the head of the UK judiciary

  • Still exists as a role- was combined with the Justice Secretary (cabinet position)

  • No longer active member of the judiciary

  • Ceased to be the speaker of, or sit in the HoL

• Lord Chief Justice/President of the Courts of England and Wales now head of UK judiciary

  • Non-political senior judge

State of the judiciary after the CRA - creation and composition of the SC

• SC created

• Composed of 12 senior judges called the Justices of the SC

  • Have to retire at 75

  • 11 sit at any one time to ensure a majority

• Head known as the President of the SC

  • Lord Reed, Lady Hale

  • Deputies: Deputy President Lord Hodge

State of the judiciary after the CRA - process of filling a vacancy

• Selection commission established- proposes a candidate to the Lord Chancellor

  • Consisted of senior law officers from across the UK

State of the judiciary after the CRA - security of tenure and dismissal of a Supreme Court justice

• SC justice can only be removed by a vote in BOTH houses

  • Not for their decisions, but for misconduct

• Judges unable to be removed on grounds of decisions they made

  • Can only be removed due to corruption or personal conduct incompatible with being a judge

• Salary of judges guaranteed to ensure security of tenure and salary

  • Removal of fear of political pressure or influence

Maintenance of independence of judiciary - rule of subjudice

• Contempt of court for any servant of the govt to attempt to interfere with the result of a court or comment on a case in public or plmt

• Example:

  • Starmer discussing the supreme court case regarding Palestinian’s right to live in the UK due to laws put in place to protect Ukrainians in PMQs