Cecily Zamora
The UK's judiciary is made up of three legal systems: England and Wales, Northern Ireland, and Scotland. The Supreme Court of the United Kingdom, which was established in 2009, is the highest court in the UK and the final court of appeal for all civil cases and for criminal cases that originate in England, Wales, and Northern Ireland. The Supreme Court is independent of the government and parliament, and its 12 justices are appointed by the Lord Chancellor. The UK tribunal system is headed by the Senior President of Tribunals and includes the Special Immigration Appeals Commission, Employment Tribunals, and Employment Appeal Tribunal, among others.
| Characteristics | Values |
|---|---|
| Highest court | Supreme Court of the United Kingdom |
| Supreme Court justices | 12 |
| Supreme Court justices' titles | Justices of the Supreme Court, Privy Counsellors |
| Supreme Court justices' attire | Black damask gowns with gold lace on ceremonial occasions |
| Supreme Court cases | Civil cases, criminal cases from England, Wales and Northern Ireland, constitutional cases, devolution cases, cases with the greatest general public importance |
| Supreme Court powers | Cannot declare void primary legislation enacted by the UK Parliament |
| Supreme Court powers | Can issue a 'declaration of incompatibility' if an Act of Parliament breaches the European Convention on Human Rights |
| Supreme Court justices appointed by | Lord Chancellor |
| Independence of judiciary mentioned in | Bill of Rights 1689, Act of Settlement 1701 |
| Independence of judiciary guaranteed by | Constitutional Reform Act 2005 |
| Independence of judiciary maintained by | Judges' neutrality, deciding cases based on facts and law rather than personal preference or prejudice |
| Separate judiciaries | England and Wales, Northern Ireland, Scotland |
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What You'll Learn
The UK's three distinct judiciaries
The UK has three distinct judiciaries, each with its own legal system: England and Wales, Scotland, and Northern Ireland.
England and Wales share a unified court system based on common law principles that originated in medieval England. This system has various specialist tribunals for different types of civil disputes, such as those related to taxation, employment, and immigration. The Judicial Appointments Commission (JAC) selects candidates for judicial office in this jurisdiction, except for the Supreme Court.
Scotland has a unique hybrid court system that combines elements of both common and civil law. The Scottish court system includes the High Court of Justiciary, which is the court of last resort for criminal cases.
Northern Ireland has a judicial system that closely resembles that of England and Wales. However, it is essential to note that the judgments of the Supreme Court of the United Kingdom, which has jurisdiction over the entire United Kingdom, only apply directly to the jurisdiction from which a case originates.
The UK's Supreme Court, established in 2009, is the highest court of appeal for all UK civil cases and criminal cases originating in England, Wales, and Northern Ireland. It replaced the Judicial Committee of the House of Lords, also known as the Law Lords, as the highest court. The Supreme Court consists of 12 permanent justices appointed by the Lord Chancellor upon the recommendation of an independent commission.
The UK tribunal system, headed by the Senior President of Tribunals, is part of the national system of administrative justice. The tribunals are classified as non-departmental public bodies (NDPBs) and have legally qualified members who are guaranteed judicial independence.
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The Supreme Court
The UK does not have a codified constitution contained in a single document. Instead, the constitution is found in statutes passed by Parliament and in common law. The UK's three branches of state are the judiciary, the executive (the government), and the legislature (the two Houses of Parliament).
The Constitutional Reform Act 2005 made changes to the judiciary, including a new appointment process for Justices of the Supreme Court. The Act also removed the Lord Chancellor's position as the head of the judiciary of England and Wales and as Speaker of the House of Lords. It guaranteed the continued independence of the judiciary, with an explicit statutory duty on government ministers to uphold this independence.
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The Constitutional Reform Act 2005
The UK's justice system is one of the three branches of the state, the other two being the executive (the government) and the legislature (the two Houses of Parliament). While most democracies have these three branches of the state separate from each other, the UK does not have a written constitution.
Reforming the Office of Lord Chancellor
The first part of the Act reformed the office of Lord Chancellor. The Lord Chancellor's position as a judge and head of the judiciary of England and Wales, and their position as the Speaker of the House of Lords, were removed. The Lord Chancellor became a Secretary of State and a member of the legislature, similar to other Cabinet ministers. The Act redefined the role of the Lord Chancellor and removed their ability to act as both a government minister and a judge, addressing concerns about the historical mixture of legislative, judicial, and executive power.
Creating a UK Supreme Court
The second part of the Act created and set the framework for a UK Supreme Court. The Supreme Court took over the previous appellate jurisdiction of the Law Lords and some powers of the Judicial Committee of the Privy Council. The creation of the Supreme Court aimed to achieve a clearer separation of powers between the legislative and judicial branches of government. The Supreme Court has its own building, the Middlesex Guildhall, separate from Parliament.
Regulating the Appointment of Judges
The third part of the Act addressed the appointment of judges. It established the Judicial Appointments Commission, an independent body responsible for proposing candidates for judicial appointments. This change addressed concerns about the previous system, where the Queen appointed judges on the advice of the Lord Chancellor, raising suspicions of political influence. The Act also made provisions for judges of the Court of Appeal and equivalent courts in Scotland and Northern Ireland to sit as acting judges in the new Supreme Court.
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Judicial independence
The independence of the judiciary from the government is a fundamental feature of the UK's constitution and democracy. The separation of powers between the executive, the legislature, and the judiciary is intended to prevent the concentration of power in any one branch of the state.
In the UK, the executive is the government, the legislature is the two Houses of Parliament, and the judiciary is the justice system. The Constitutional Reform Act of 2005 strengthened the independence of the judiciary by removing the Lord Chancellor's position as head of the judiciary and transferring the power to appoint judges to a new Judicial Appointments Commission. This Act also placed a statutory duty on government ministers to uphold judicial independence and barred them from influencing judicial decisions.
The UK's Supreme Court, established in 2009, is the final court of appeal for all UK civil cases and for criminal cases originating in England, Wales, and Northern Ireland. It is composed of 12 permanent justices appointed by the Lord Chancellor at the recommendation of an independent commission. The creation of the Supreme Court provided a clearer separation of powers between the legislative and judicial branches of government.
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The UK tribunal system
Tribunals constitute a substantial part of the justice system, dealing with a wide range of disputes, including those between individuals and the state, such as benefits, tax, and immigration, and between private individuals, such as employment disputes. Some tribunals cover the whole of the UK, while others cover only one jurisdiction. This is because there are differences between procedures in, for instance, Scots civil law and English civil law. Some courts are duplicated in different jurisdictions, for example, the Employment Tribunal.
The Tribunals, Courts and Enforcement Act 2007 created a new unified structure for tribunals and recognised legally qualified members of tribunals as members of the judiciary of the United Kingdom, who are guaranteed continued judicial independence. The Act also provided for the establishment of "chambers" within the two tribunals, the First-tier Tribunal and the Upper Tribunal, so that the many jurisdictions could be appropriately grouped together. Each chamber is headed by a Chamber President, and the tribunals' judiciary is headed by the Senior President of Tribunals.
The Tribunals Service was created in 2006 as an executive agency to manage and administer English and UK-wide tribunals. In 2011, this merged with HM Courts Service to form His Majesty's Courts and Tribunals Service (HMCTS), which is responsible for the administration of criminal, civil, and family courts in England and Wales, as well as the reserved unified tribunals across the United Kingdom. HMCTS is an executive agency sponsored by the Ministry of Justice.
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Frequently asked questions
The Supreme Court of the United Kingdom is the highest court in the country. It hears appeals on arguable points of law and cases of the greatest public importance.
The UK tribunal system is headed by the Senior President of Tribunals and is part of the national system of administration. The UK tribunal system includes the Special Immigration Appeals Commission, Employment Tribunals, and Employment Appeal Tribunal.
The UK has three legal systems: England and Wales share a unified court system, Scotland has its own judicial system, and Northern Ireland has its own legal system as well.
The judiciary in the UK is independent and neutral. It upholds the rule of law, ensuring that everyone receives a fair trial and that the public has confidence in the legal process.
