11.1a Role and Composition of the Supreme Court

Question 1

Role of the Supreme Court

Answer 1

The Supreme Court is a court of appeal for criminal and civil case rulings made in the lower courts. It is the UK’s final court of appeal.

The Supreme Court is not the final court of appeal for criminal cases in Scotland.

The Supreme Court hears appeals on cases where there are issues of public significance, and where there are arguable points of law.

Key supreme court functions include defending the rights and liberties of citizens, law enforcement and applying EU law and the Human Rights Act.

Question 2

Defending rights and liberties

Answer 2

The Supreme Court defends the rights and liberties of UK citizens.

The Supreme Court uses the rule of law to provide a wide range of protections of citizens’ rights.

The Human Rights Act (1998), which protects UK citizens’ rights, can be used by the supreme court which includes freedoms such as the right to life and right to a fair trial.

EU laws are protected by the supreme court which are outlined in the European Convention on Human Rights (ECHR).

Judicial Review, Natural Justice and precedent from past rulings protects rights and freedoms.

Question 3

Law enforcement

Answer 3

The Supreme Court can uphold laws and rights when challenged, such as the rights given by the Freedom of Information Act.

Question 4

Government decisions

Answer 4

The Supreme Court can rule against government laws and declare them illegal.

The Supreme Court can declare government decisions incompatible with the European Convention on Human Rights.

Question 5

Supreme Court composition

Answer 5

The Supreme Court has 12 Judges, including a President, Deputy President and 10 Justices.

The Constitutional Reform Act (2005) established the supreme court which replaced the Law Lords, who ruled in the Appellate Committee of the House of Lords, as part of the separation of parliament and the judiciary.

Justices include Baroness Hale, Lord Reed, Lord Sumption and Lord Lloyd-Jones.

Supreme Court justices do not have a term limit but must retire at 70 if appointed after 1995 (decided by a 1993 Act of Parliament).