Supreme Court of the United Kingdom

Supreme Court of the United Kingdom
The Middlesex Guildhall in London is the location of the Supreme Court.
Map
51°30′01″N 0°07′41″W / 51.5004°N 0.1281°W / 51.5004; -0.1281
Established1 October 2009
JurisdictionUnited Kingdom
LocationMiddlesex Guildhall, Parliament Square, London, England
Coordinates51°30′01″N 0°07′41″W / 51.5004°N 0.1281°W / 51.5004; -0.1281
Composition methodAppointed by the Monarch on the advice of the Prime Minister, following approval of a recommendation by the Lord Chancellor
Authorised byConstitutional Reform Act 2005 Section 23(1)
Appeals from
Judge term lengthMandatory retirement at age 75
Number of positions12
Websitesupremecourt.uk Edit this at Wikidata
President
CurrentlyThe Lord Reed of Allermuir
Since13 January 2020
Jurist term ends7 September 2031
Deputy President
CurrentlyLord Hodge
Since27 January 2020
Jurist term ends19 May 2028

The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.[1]

The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers,[2] the Royal Courts of Justice in Belfast,[3] the Tŷ Hywel Building in Cardiff,[4] and the Manchester Civil Justice Centre.[5]

The United Kingdom has a doctrine of parliamentary sovereignty and no entrenched codified constitution,[6] so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries such as the United States, Canada, and Australia. It cannot overturn any primary legislation made by Parliament. However, as with any law court in the UK, it can overturn secondary legislation if, for an example, that legislation is found to be ultra vires to the powers in primary legislation allowing it to be made.

Further, under section 4 of the Human Rights Act 1998, the Supreme Court, like some other courts in the United Kingdom, may make a declaration of incompatibility, indicating that it believes that the legislation subject to the declaration is incompatible with one of the rights in the European Convention on Human Rights. Such a declaration can apply to primary or secondary legislation. The legislation is not overturned by the declaration, and neither Parliament nor the government is required to agree with any such declaration. However, if they do accept a declaration, ministers can exercise powers under section 10 of the Human Rights Act to amend the legislation by statutory instrument to remove the incompatibility or ask Parliament to amend the legislation.

As authorised by the Constitutional Reform Act 2005, Part 3, Section 23(1),[7] the Supreme Court of the United Kingdom was formally established on 1 October 2009 and is a non-ministerial government department of the Government of the United Kingdom.[8] Section 23 of the Constitutional Reform Act limits the number of judges on the Court to 12, though it also allows for this rule to be amended, to further increase the number of judges, if a resolution is passed in both Houses of Parliament.[9]

It assumed the judicial functions of the House of Lords, which had been exercised by the Lords of Appeal in Ordinary (commonly called "Law Lords"), the 12 judges appointed as members of the House of Lords to carry out its judicial business as the Appellate Committee of the House of Lords. Its jurisdiction over devolution matters had previously been exercised by the Judicial Committee of the Privy Council.

  1. ^ "The Supreme Court". The Registry, the Supreme Court (The Registry of the Supreme Court of the United Kingdom). 12 January 2013. Retrieved 9 November 2018.
  2. ^ 'Supreme Court to sit in Scotland Archived 7 May 2021 at the Wayback Machine': Press release from the Supreme Court, 1 March 2017
  3. ^ 'UK Supreme Court bound for Northern Ireland Archived 5 March 2021 at the Wayback Machine': Press release from the Supreme Court, 27 November 2017
  4. ^ UK Supreme Court to sit in Wales this summer Archived 7 May 2021 at the Wayback Machine': Press release from the Supreme Court, 1 March 2017
  5. ^ "The Supreme Court has relocated to Manchester until Thursday. Why should you care?". The Mill. 7 March 2023. Retrieved 8 March 2023.
  6. ^ "Parliamentary Sovereignty". GOV.UK. Retrieved 22 January 2020.
  7. ^ "Constitutional Reform Act 2005 (c. 4), Part 3, Section 23". The National Archives (United Kingdom). 24 March 2005. Retrieved 9 November 2018.
  8. ^ "Departments, agencies and public bodies". GOV.UK. Retrieved 11 April 2020.
  9. ^ "2005 c.4 Part 3. Section 23". GOV.UK. Retrieved 22 January 2021.