5.4 The Supreme Court and its constitutional significance

The UK Supreme Court, established in 2009, is the final court of appeal for all UK civil cases and criminal cases from England, Wales, and Northern Ireland. It plays a crucial role in interpreting and developing UK law, including constitutional matters, and sets binding precedents for lower courts.

The Supreme Court's decisions have a significant impact on the UK's constitutional landscape. It clarifies and develops constitutional principles, balances powers between government branches, and protects individual rights. Recent landmark cases, particularly those related to Brexit, have sparked debates about judicial power and potential reforms.

The UK Supreme Court

Composition and Establishment

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• UK Supreme Court serves as final court of appeal for all UK civil cases and criminal cases from England, Wales, and Northern Ireland
• Established by Constitutional Reform Act 2005, replacing Appellate Committee of House of Lords in October 2009
• Consists of 12 Justices including President and Deputy President
• Justices appointed through independent selection commission
• Monarch appoints Justices on Prime Minister's advice following Lord Chancellor's recommendation

Jurisdiction and Role

• Holds jurisdiction over devolution issues ensuring proper power distribution between UK Parliament and devolved legislatures
• Interprets and develops UK law including constitutional matters as highest appellate court
• Acts as final arbiter on points of law of general public importance
• Sets binding precedents for lower courts
• Clarifies constitutional principles (rule of law, parliamentary sovereignty, separation of powers)
• Shapes constitutional relationship between UK government and devolved administrations (Scotland, Wales, Northern Ireland)

Supreme Court's Constitutional Impact

Development of Constitutional Principles

• Clarifies and develops constitutional principles through judgments
• Contributes to development of constitutional conventions
• Interprets constitutional statutes (Human Rights Act 1998)
• Defines limits of executive power through judicial review cases
• Reinforces principle of legality in administrative decision-making
• Shapes devolution jurisprudence (relationship between UK and devolved governments)

Balancing Powers and Rights

• Decisions impact balance of power between government branches
• Protects individual rights through constitutional interpretations
• Reinforces parliamentary accountability (Miller v The Prime Minister 2019)
• Affirms constitutional right of access to justice (UNISON v Lord Chancellor 2017)
• Explores relationship between EU law and UK constitutional principles (HS2 Action Alliance Limited v Secretary of State for Transport 2014)

Controversies and Debates

• Accusations of judicial activism spark debates on judicial power limits
• Brexit-related cases (Miller No. 1 and No. 2) profoundly impacted UK constitutional arrangements
• Decisions on sensitive moral and ethical issues (Nicklinson v Ministry of Justice 2014) demonstrate Court's approach to human rights
• Recent controversial decisions led to debates on Supreme Court reform
• Discussions on introducing mechanisms for greater parliamentary oversight of judicial appointments and decisions

Landmark Supreme Court Decisions

Brexit and Parliamentary Sovereignty

• R (Miller) v Secretary of State for Exiting the European Union (2017) affirmed parliamentary sovereignty requiring Act of Parliament to trigger Article 50
• R (Miller) v The Prime Minister (2019) ruled prorogation of Parliament unlawful emphasizing parliamentary accountability and executive power limits

Human Rights and Access to Justice

• R (on the application of UNISON) v Lord Chancellor (2017) declared employment tribunal fees unlawful affirming constitutional right of access to justice
• Nicklinson v Ministry of Justice (2014) demonstrated Court's approach to sensitive moral and ethical issues related to human rights (assisted dying)

Government Powers and Judicial Review

• R (on the application of Privacy International) v Investigatory Powers Tribunal (2019) limited government's ability to exclude judicial review reinforcing rule of law
• AXA General Insurance Ltd v HM Advocate (2011) clarified Court's approach to reviewing Acts of Scottish Parliament developing devolution jurisprudence
• R (on the application of HS2 Action Alliance Limited) v The Secretary of State for Transport (2014) explored relationship between EU law and fundamental UK constitutional principles

Supreme Court vs Parliament

Constitutional Hierarchy

• Parliamentary sovereignty doctrine theoretically places Parliament above courts including Supreme Court
• Supreme Court can declare primary legislation incompatible with European Convention on Human Rights under Human Rights Act 1998
• Parliament retains power to overturn Supreme Court decisions through new legislation rarely exercised due to political and constitutional considerations

Legislative Influence and Tension

• Supreme Court decisions can prompt Parliament to amend or create new legislation
• Illustrates dialogue between judicial and legislative branches
• Court's statutory interpretation can lead to tensions with Parliament when differing from perceived MP intentions
• Appointment process for Supreme Court Justices involves judicial and political elements
• Reflects need for independence from yet accountability to other government branches

Reform Debates

• Recent controversial decisions sparked debates on Supreme Court reform
• Discussions on introducing mechanisms for greater parliamentary oversight of judicial appointments and decisions
• Debates center on balancing judicial independence with democratic accountability
• Potential reforms could include changes to appointment process or creation of specialized constitutional court