The Judiciary and the

Supreme Court

If there are issues with video embedding, the Youtube video is available: HERE.

Magistrates’ Courts

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• Magistrates are not lawyers, they are members of the public
• Deal with ‘summary only’ offences - i.e. the least serious offences
• Conduct preliminary hearings for more serious offences

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Crown Court

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• Hears more serious indictable or ‘either-way’ offences
• Trials heard before a judge and jury
• Hears appeals from Magistrates’ Courts

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Court of Appeal (Criminal Division)

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• Hears legal appeals against conviction or sentence

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Supreme Court

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• Hears appears on points of law of the greatest public importance

County Court

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• Deals with everyday civil disputes

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High Court

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• Hears more complex or high-value cases

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Court of Appeal (Civil Division)

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• Hears legal appears from the County Court and High Court

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Supreme Court

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• Final court of appeal for civil cases

Civil

Criminal

• The Supreme Court is the UK’s final court of appeal for all civil cases, and for criminal cases in England, Wales and Northern Ireland.

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• It also hears constitutional cases and ones that have the most far-reaching consequences for the public.

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• The Constitutional Reform Act 2005 provided for the establishment of a UK Supreme Court.

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• Before this, the UK’s final court of appeal and constitutional court was based in the House of Lords. Twelve judges, often referred to as ‘Law Lords’.

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• It was worried that the old model might not provide enough separation between the legislative and judicial branches of the constitution.

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• It was also thought that the old arrangements were confusing and unclear for the public, making it seem like the House of Lords was deciding cases, rather than a committee of the UK’s most senior judges. 

If there are issues with video embedding, the Youtube video is available: HERE.

• Cases that make it to the Supreme Court are usually those with the greatest general public importance.

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• They often have wide-ranging implications for the relationship between government and the public or for the relationship between the different institutions of the UK constitution.

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• For example, the Supreme Court hears cases related to ‘devolution issues’; in other words, if there is a dispute about the powers of one of the devolved governments, it could end up in the Supreme Court. 

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• Whilst the Supreme Court has the power to offer a final interpretation of disputed points of law with significant public or constitutional importance, its powers are still more limited than those of supreme courts in many other countries.

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• In particular, it does not have the power to declare void primary legislation enacted by the UK Parliament.

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• This is because of the doctrine of parliamentary sovereignty, which means that Parliament has, at least theoretically, the power to make or unmake any law without constraint, even from the Supreme Court. 

• An independent judiciary is one of the cornerstones of the UK constitution.

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• This means that the judiciary is not influenced by external pressures, whether they be wealthy individuals, the media, powerful politicians or the government.

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• Judges must be neutral; that is, they must decide cases based on the facts before them and in accordance with the law, rather than based on any personal preference or prejudice.

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• Both of these conditions are essential in ensuring that everyone receives a fair trial, the public have confidence in the legal process, and the fundamental constitutional principle of the rule of law is maintained.

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• The rule of law means that everyone is subject to the law and no one is above the law. 

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• Judicial review refers to the process by which the public can ask judges to review the exercise of a power by a public authority.

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• There are a number of reasons for which a decision can be ruled to be unlawful by the courts; for example, if the procedures that led to it were unfair or if it is irrational.

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• Whilst judges cannot overturn primary legislation, they can declare secondary legislation to be void if it is found to be ultra vires.

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• This means it is beyond the scope of the powers that have been granted to the authority by primary legislation. 

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• Judicial review can be a powerful tool through which citizens ensure that ministers and other public officials are not abusing their power.

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• It allows them to call on judges to review whether the decisions that affect them are legitimate and lawful.

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• It is therefore one of the key mechanisms of accountability in the UK constitution.

• In recent years, the claim has regularly been advanced that judges have been overreaching into matters of politics and deciding cases on the basis of whether a decision corresponds with certain values.

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• This is often referred to as ‘judicial activism’. 

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• This criticism of the judiciary became especially prominent during the Brexit process in reference to several high-profile cases.

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• In January 2017, for example, the Supreme Court ruled that the government must pass an Act of Parliament in order to start the withdrawal process from the European Union. This case was Miller 1 [2017] UKSC 5.

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• In September 2019, the Supreme Court delivered a second controversial judgement, again concerning the use of a Royal Prerogative – this time the power to prorogue Parliament (to suspend Parliament for a period between parliamentary sessions). This case was Miller 2 [2019] UKSC 41.

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• Today, many still feel that judges have too much influence over policy, but the evidence does not necessarily show this.

About The Constitution Society

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• Visit The Constitution Society website https://consoc.org.uk for up to date analysis on the UK’s evolving constitution. 

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• The Constitution Society is an independent, non-party educational foundation which works to promote informed debate about constitutional reform. 

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• We take no position on specific reform proposals but advocate better legislative standards and oppose ill-considered, piecemeal change.