Effectiveness of UK Democracy

UK Supreme Court: Composition

The UK Supreme Court is the highest court in the land, and it plays a crucial role in interpreting legislation and ensuring the rule of law.
There are 12 Justices in the Supreme Court, although not all sit on each case. A minimum of three Justices can hear a case but usually five, seven or nine sit. In particularly significant cases, all 12 will sit.
They are appointed by the Queen on the advice of the Prime Minister, who receives recommendations from a selection commission.
The justices represent a variety of legal backgrounds, and both barristers and solicitors can be appointed.

Independence: The chief principle underpinning the Supreme Court is its independence from government. It’s crucial to the rule of law that justices can make decisions without political interference.
Impartiality: Justices must not favour any political party or be biased in any way. They should be free from any sort of influence that could sway their decisions.
Rule of Law: The Supreme Court safeguards the rule of law. It ensures that no individual, regardless of their power or status, is above the law.
Transparency: Decisions of the Supreme Court are open to public scrutiny as legal rulings are made available to public.

The Supreme Court’s power comes from its ability to interpret legislation. This is important when laws are ambiguous or their application is unclear.
It can rule on disputes between different parts of the UK. It plays a crucial role in the devolution settlements for Scotland, Wales, and Northern Ireland.
The Court can rule on cases that have significant implications for the whole UK, making it a vital appellate court.
It clearly separates the judiciary from the legislature and the executive ensuring no branch exercises unchecked power.

The Supreme Court’s decisions shape the interpretation of the law for all courts in the UK to follow.
Notable rulings by the Supreme Court have brought significant changes in both law and society.
It holds the executive to account, as seen in the high-profile case over whether the Government could trigger Article 50 without parliament’s consent following the Brexit referendum.

The EU’s legal supremacy ends after Brexit, resulting in the UK Supreme Court becoming the final court of appeal.
With the UK out of the jurisdiction of the EU’s Court of Justice, the UK Supreme Court’s power and importance increases.
In the transition period, the UK can consult the EU’s court about the interpretation of European laws which remain in UK law.
Post-Brexit, the Supreme Court will see a considerable increase in its caseload and its role in shaping the UK’s legal landscape.