The Supreme Court (Edexcel A Level Politics): Revision Note

What is the Supreme Court?

• The UK Supreme Court (UKSC) is the highest court in the UK

• It was created by the Constitutional Reform Act 2005 and began operating in 2009

  • It replaced the Appellate Committee of the House of Lords, removing the judiciary from Parliament and strengthening the separation between the branches of government

• The creation of the Supreme Court was intended to:

  • increase judicial independence

  • clarify the role of the judiciary

  • modernise the UK constitution

Composition of the Supreme Court

• The Supreme Court consists of 12 justices

• Judges usually sit in panels of five, although seven or more may sit for cases of major constitutional importance

• The Court has a President and Deputy President, who are senior justices

Appointment of Supreme Court Justices

• The appointment process to the UK Supreme Court is set out in the Constitutional Reform Act 2005

The appointment process

• This process is designed to:

  • reduce political influence

  • preserve judicial independence

  • retain limited democratic oversight

The role of the Supreme Court

• The Supreme Court has two main roles:

1. Final court of appeal

• It is the highest court of appeal in the UK

• Its decisions are binding on all lower courts

2. Constitutional role

• This role is particularly important because the UK has an uncodified constitution

  • It rules on disputes between:

    • the executive and Parliament

    • devolved governments and Westminster

  • It interprets the law in cases involving:

    • constitutional principles

    • the limits of executive power

Operating principles of the Supreme Court

1. Judicial independence

• Judicial independence refers to the ability of judges to make decisions:

  • free from political pressure

  • without fear of removal or punishment

• Judicial independence is protected by:

  • secure tenure

  • protected salaries

  • an independent appointments process

2. Judicial neutrality

• Judicial neutrality refers to judges:

  • not expressing political views

  • deciding cases based on law rather than opinion

• Independence and neutrality are closely related but not the same thing

Summary table

Challenges to judicial independence and neutrality

• Despite constitutional protections, judicial independence and neutrality have been challenged.

  • Political criticism

    • Following Miller v Prime Minister (2019), Boris Johnson criticised the Supreme Court

    • Some politicians argued the Court had overstepped its role

  • Media criticism

    • In 2016, the Daily Mail described judges involved in Miller v Brexit Secretary as “Enemies of the People”

  • Accusations of judicial activism

    • Critics argue the Supreme Court has become too willing to intervene in political matters

    • These accusations are particularly linked to Brexit-related cases

Supreme Court influence on the Executive and Parliament

• The main way in which the UK Supreme Court can influence Parliament or the executive is through the use of judicial review

Judicial review

• Judicial review is the process by which the courts assess whether decisions or actions by the executive, including ministers, government departments, and public bodies, comply with the law

• This includes reviewing whether they have:

  • acted within the limits of the law

  • followed correct procedure

  • complied with constitutional principles

• Judicial review is binding when considering executive actions. If the government is found to have acted unlawfully, they must:

  • undo their actions, or

  • stop the action altogether

• If the government wishes to overcome a ruling of unlawfulness, they may attempt to pass a new law that makes their action lawful

  • However, judicial review cannot strike down Acts of Parliament

The doctrine of ultra vires

• The doctrine of ultra vires means “beyond their power”

  • If a minister or public body acts beyond the authority given to them by statute law, the courts can declare the action ultra vires and therefore unlawful

• This doctrine underpins judicial review

  • The Court reviews executive action to ensure it has not exceeded the limits set by Parliament

• Together, judicial review and the doctrine of ultra vires prevent the executive or Parliament exceeding their powers, placing a notable check on their actions

Key examples of the UK Supreme Court checking the executive and Parliament

• These cases show that the UK Supreme Court can and does intervene to:

  • prevent the executive exceeding its legal authority

  • protect constitutional principles

  • reinforce the role of Parliament

How powerful is the Supreme Court?

• The power of the UK Supreme Court is significant but limited

• While it plays an important role in checking the executive and upholding constitutional principles, it operates within clear constraints