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Role & Composition

Political Studies: Edexcel A Level, topic 11.1.1

The Supreme Court's role and composition

The Supreme Court is the highest court in the UK and was created to separate the UK’s judiciary from parliament so that the judiciary can more easily check the power of parliament and the executive.

Role of the Supreme Court

Role of the Supreme Court

  • 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, excluding Scotland.
  • 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 functions include defending rights and liberties, interpreting and enforcing law, judicial review and applying the Human Rights Act 1998.
Defending rights and liberties

Defending rights and liberties

  • 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.
  • Judicial Review, Natural Justice, and precedent from past rulings protect rights and freedoms.
Law enforcement

Law enforcement

  • The Supreme Court can uphold laws and rights when challenged, such as the rights given by the Freedom of Information Act 2000.
Government decisions

Government decisions

  • 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.
  • The European Convention on Human Rights (ECHR) is separate from the EU, and was not ended by Brexit.
Supreme Court composition

Supreme Court composition

  • The Supreme Court has 12 Justices, including a President, Deputy President and 10 other 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.
  • Current Justices include Lord Reed, Lord Sumption and Lord Lloyd-Jones.
  • Supreme Court justices do not have a term limit but must retire at 75.

Test yourself on Role & Composition

  • Which act established the Supreme Court?

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