Exposé UK Supreme Court

Faïza ZAROUAL                                                                                        Imane IDRISSI

UNITED KINGDOM SUPREME COURT

Introduction: 

        « With fairness and with duty to the world: The clarity time-honoured thinking brings.

New structures but an old foundation stone… » - Lines for The Supreme Court, 2009, Andrew Motion – Poet Laureate. By this quotation we understand that the United-Kingdom Supreme Court prevails what is fair and more generally speaking Human Rights to judge cases.

        The Supreme Court is the final court of appeal in the United Kingdom. We have to know that it takes its origins from the Constitutional reform act 2005 which is based on several parts. The first one is the part introducing the Rule of Law, allowing it to become written and to have a more important legal value. The second considerable evolution is about the status of the Lord chancellor. The third change, and the one we will talk about, is the setting-up of the United-Kingdom’s Supreme Court .

        The UKSC sits in the middle Guildhal on the western side of Parliament Square. It embodies several symbolic parts of United-kingdom's power : The treasury building for the executive;  Westminster Abbey for the church; and The United-Kingdom Supreme Court for the Law-making body. Anyway, it depicts well the separation of Powers relative to John Lock’s theory. For our analysis we will focus on the UKSC brought by the constitutional reform act, and its effects for the judiciary.

Problematic: What are the main characteristics of the UKSC as the highest court of appeal and how does it work ? 

I-Main characteristics of the UKSC

In order to figure out what truly is the Supreme Court of UK, we will first study its history and birth (A.) and then we will focus on its composition and its role (B.).

1. History and birth

-> it replaced the house of Lords as the highest appellate court

-> Oct 2009 : constitutional reform, devolution (privy council)

1. Composition and role

-> Justices: One president, one deputy president, and 10 justices

->Role as an appeal court: hears appeals on arguable points of law and concentrate on cases of the greatest public and constitutional importance.

II-The distinctive mechanism of judgement of the United kingdom supreme Court

To speak about the functioning of The United-Kingdom Supreme court we will first speak about the roll-out of process (A) and then develop a comparative approach by speaking of he other system of courts in other countries (B)

1. The specific roll-out for process

1. How a case gets to the Supreme Court        

2. How cases are heard at the Supreme Court

B.    Comparative approach : The other High Courts inner workings

1. United States Supreme Court (SCOTUS) : “A sophisticated judicial system”

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