United Kingdom United Kingdom Supreme CourtSupreme Court

Parliamentary SovereigntyParliamentary SovereigntyBrief BackgroundBrief BackgroundResponsibilitiesResponsibilities

Popular SovereigntyPopular Sovereignty

Popular Sovereignty:Popular Sovereignty: The legislative body has absolute sovereignty and is The legislative body has absolute sovereignty and is

supreme over all other government institutions, supreme over all other government institutions, including executive and judicial bodiesincluding executive and judicial bodies

The concept also holds that the legislative body may The concept also holds that the legislative body may change or repeal any previous legislation, so that it is change or repeal any previous legislation, so that it is not bound by written law or precedentnot bound by written law or precedent

Popular sovereignty contrasts with that of Judicial Popular sovereignty contrasts with that of Judicial ReviewReview

Up until 2009, House of Lords retained judicial Up until 2009, House of Lords retained judicial authority in the UKauthority in the UK

Brief BackgroundBrief Background

The creation of a Supreme Court for the United Kingdom was first The creation of a Supreme Court for the United Kingdom was first debated in a July 2003 Department of Constitutional Affairs debated in a July 2003 Department of Constitutional Affairs Consultation PaperConsultation PaperThe paper laid out the argument that no true judicial separation The paper laid out the argument that no true judicial separation existed between the judicial functions and legislative functions in the existed between the judicial functions and legislative functions in the House of LordsHouse of LordsNon-judicial members of House of Lords were never given Non-judicial members of House of Lords were never given jurisdiction over legal decisions, but Gov’t wanted to create more jurisdiction over legal decisions, but Gov’t wanted to create more transparency for citizenstransparency for citizensThose who argued against the formation of a Supreme Court noted Those who argued against the formation of a Supreme Court noted costs would rise w/ a formation of a separate court and problems costs would rise w/ a formation of a separate court and problems may arise between UK Supreme Court and EU stipulationsmay arise between UK Supreme Court and EU stipulationsThe Supreme Court was established by Part 3 of the Constitutional The Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009 Reform Act 2005 and started work on 1 October 2009 It assumed the judicial functions of the House of Lords; 12 sitting It assumed the judicial functions of the House of Lords; 12 sitting Lords preside over the UK Supreme CourtLords preside over the UK Supreme Court

Powers and ResponsibilityPowers and Responsibility

The main role of the UK Supreme Court is to hear appeals from The main role of the UK Supreme Court is to hear appeals from courts in the United Kingdom's three legal systems: England and courts in the United Kingdom's three legal systems: England and Wales, Northern Ireland and ScotlandWales, Northern Ireland and ScotlandThe Supreme Court acts as the highest court for civil appeals in The Supreme Court acts as the highest court for civil appeals in Scotland, but Scottish Supreme Court has jurisdiction over criminal Scotland, but Scottish Supreme Court has jurisdiction over criminal courtscourtsThe Court's focus is on cases that raise points of law of general The Court's focus is on cases that raise points of law of general public importance:public importance:

Commercial disputes, family matters, claims of incompatibility with Commercial disputes, family matters, claims of incompatibility with Human RightsHuman Rights

The court can overturn secondary legislation if that legislation is The court can overturn secondary legislation if that legislation is found to be beyond the powers of the primary legislation that found to be beyond the powers of the primary legislation that allowed it in the first placeallowed it in the first placeThe court may also make a “Declaration of Incompatibility” which The court may also make a “Declaration of Incompatibility” which means that it believes that the legislation subject to the declaration means that it believes that the legislation subject to the declaration is incompatible with the European Convention on Human Rightsis incompatible with the European Convention on Human Rights

Understanding the UK Supreme Understanding the UK Supreme CourtCourt

UK’s Supreme Opens for BusinessUK’s Supreme Opens for Business http://http://www.youtube.com/watch?vwww.youtube.com/watch?v

=DA__YxSCo8U&feature=related=DA__YxSCo8U&feature=related

Opening of UK Supreme CourtOpening of UK Supreme Court http://http://www.youtube.com/watch?vwww.youtube.com/watch?v

=cOJm2aI7L2s&feature=related=cOJm2aI7L2s&feature=related

From House of Lords to Supreme CourtFrom House of Lords to Supreme Court http://http://www.youtube.com/watch?vwww.youtube.com/watch?v=EHRmi26qFAA=EHRmi26qFAA

Issues between UK and EU CourtsIssues between UK and EU Courts http://http://www.youtube.com/watch?vwww.youtube.com/watch?v==CfZw_zGVABICfZw_zGVABI