What is the role of the SC?

  1. GREATER SEP OF POWERS
  • Before Oct 2009, the highest court of appeal comprised of 12 Law Lords who sat in the Appellate Committee of the HofL – there were concerns over the incomplete separation of powers (partial ‘fusion of powers’) – specifically the presence of the lord chanceller/law lords in the upper chamber of the legislature.
  • Confusion over their work – a widespread failure to understand the distinction between the Lords’ legislative and judicial functions.
  1. PROTECT RIGHTS
  • In 1998, the ECHR was incorporated into UK law by Blair gov, stating that all legislation, actions and decisions made by any decision makers had to conform to the convention.
  • This has meant citizens can assert their rights more forcefully.
  • In cases where human rights have been abused, it has resulted in important court cases with political significance.
  • A and others v Secretary of State for the Home Department(2004) held that the indefinite detention of foreign prisoners in Belmarsh without trial under the Anti-terrorism Act (2001) was incompatible with ECHR.
  1. JUDICIAL REVIEW
  • SC able to question the lawfulness of decisions made by public bodies, such as local councils, government departments, police forces or health authorities.
  • However, it’s limited by parliamentary sovereignty.
  • Al Rawi v Security Service (2010) – gov wanted to use ‘closed material procedure’, SC said it would undermine civil liberties, parliament passed Justice and Security Act (2010) to allow it.