What are the consequences of the creation of the UK Supreme Court?

  1. SEPARATION OF POWER/JUDICIAL INDEPENDENCE
  • Open in Oct 2009 and replaced Appellate Court of House of Lords.
  • Objective of creating clearer distinction between legislative and judicial functions of the state.
  • Court has acted as an important constraint on the executive branch of government and made an impact on the ability of the devolved bodies to take policy action independently from Westminster.
  • g., Ruled that Welsh Assembly had acted beyond its powers in setting up an advisory panel on agricultural wages.
  • Since 2019 prorogation ruling, clear that UK now views itself as a constitutional court, protecting Parliament’s role in holding the government to account.
  • This is due to its new authority and prominence.
  1. PUBLIC AWARENESS
  • Higher media attention and increased transparency following the creation of the Supreme Court has led to greater public awareness of its function.
  • Court toured he UK between 2017 and 2019.
  • Media presences, and social media. Streamed hearings and rulings. Active twitter account with over 260,000 followers.
  • It is much easier to step into the current building. Some 80,000-90,000 people do so every year. Gina Miller case, where the High Court’s decision came as an unwelcome surprise to a section of the media and was reported in one of the newspapers with photographs of the judges under the headline “Enemies of the People”.
  • It has been a catalyst for changes in relation to public accessibility and communications; and it has encouraged the final court to do more to be recognised as a court for the UK as a whole.
  1. DIVERSITY
  • A final consequence of the creation of the Supreme Court has been the rise in scrutiny and pressure on the Court to ensure the social diversity of the court’s judges. An important dimension in the ongoing debate over judicial neutrality is the appointment of senior judges, especially those to the Supreme Court.
  • The Constitutional Reform Act (2005) created the Judicial Appointments Commission (JAC) in 2006, which has the job of selecting candidates for senior judicial office. However, vacancies in the Supreme Court are not filled by the JAC but by a five· member selection commission comprising the president of the Supreme Court, the deputy president of the Supreme Court, one member of the JAC, one member of the Judicial Appointments Board for Scotland, and one member of the Northern Ireland Judicial Appointments Commission.
  • Even with Lady Arden’s appointment, the Supreme Court’s gender balance only improved from 16.6% to 25% female.
  • Not only is this worse that the USA, where a third of the US Supreme Court justices are female, none of the 12 Supreme Court judges are from black, Asian and minority ethnic backgrounds.