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Middlesex Guildhall will be the home of the Supreme Court of the United Kingdom
Middlesex Guildhall will be the home of the Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005. The Middlesex Guildhall is a building on the south-west corner of Parliament Square in London. The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. The Lord Chancellor has announced[1] that it will start work in October 2009 once its new premises are ready. The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. The Government estimate the set-up cost of the Supreme Court at a controversial £56. 9 million. [2]

It will take over the Law Lords' judicial functions in the House of Lords and some functions in the Judicial Committee of the Privy Council. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The Supreme Court will be the final court of appeal in all matters under English law, Welsh law (to the extent that the Welsh Assembly makes laws for Wales that differ from those in England) and Northern Irish law. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its In Law, an appeal is a process for requesting a formal change to an official decision English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Contemporary Welsh Law is a term applied to the body of primary and secondary Legislation generated by the National Assembly of Wales The National Assembly for Wales (Cynulliad Cenedlaethol Cymru is a devolved assembly with power to make legislation in Wales. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Northern Ireland law concerns the Legal system of Northern Ireland.

It will not have authority over criminal cases in Scotland, where the High Court of Justiciary will remain the supreme court. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. The High Court of Justiciary is the supreme criminal court of Scotland. However, it will hear appeals from the Court of Session, just as the House of Lords does today. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively

It will also determine devolution issues, that is, cases in which the legal powers of the three devolved governments – the Northern Ireland Executive, the Scottish Government and the Welsh Assembly Government – or laws made by the Northern Ireland Assembly, the Scottish Parliament or National Assembly for Wales are questioned. Devolution is the statutory granting of powers from the central government of a State to government at subnational level The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved Legislature for Northern Ireland The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The Welsh Assembly Government (WAG (Llywodraeth Cynulliad Cymru LlCC) was firstly an executive body of the National Assembly for Wales, consisting of The Judicial Committee of the Privy Council currently has jurisdiction over these cases.

Contents

Existing Supreme Courts in the UK

The new Supreme Court should not be confused with the Supreme Court of England and Wales, which was created in the 1870s under the Judicature Acts, nor with the Supreme Court of Judicature in Northern Ireland, each of which consists of a Court of Appeal, High Court of Justice and Crown Court. Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Events and Trends Technology The invention of the prototype telephone by Alexander G The Judicature Acts are two Acts of Parliament in the United Kingdom, the Supreme Court of Judicature Act 1873 (36 & 37 Vict The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice When the provisions of the Constitutional Reform Act 2005 come into force, creating the Supreme Court of the United Kingdom, the present Supreme Courts will become known as the Senior Courts of England and Wales and the Court of Judicature respectively, to avoid confusion. Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England

The High Court of Justiciary, the Court of Session, and the Office of the Accountant of Court comprise the Supreme Courts of Scotland. The High Court of Justiciary is the supreme criminal court of Scotland. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively The Office of the Accountant of Court is a constituent body of the Supreme Courts of Scotland. The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies [3]

Jurisdiction

The main role of the UK Supreme Court will be to hear appeals from courts in the United Kingdom's three legal systems: England & Wales, Northern Ireland, and Scotland. The Court's focus will be on cases which raise points of law of general public importance. Like the current Appellate Committee of the House of Lords, appeals from many fields of law are likely to be selected for hearing - including commercial disputes, family matters, judicial review claims against public authorities and issues under the Human Rights Act 1998. The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998 and mostly came into force The Court will also hear some criminal appeals but not from Scotland as there will be no right of appeal from the High Court of Justiciary (Scotland's highest criminal court). The High Court of Justiciary is the supreme criminal court of Scotland.

The UK Supreme Court will also determine "devolution issues" (as defined by the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006). The Scotland Act 1998 (1998 c 46 is an Act of the Parliament of the United Kingdom. The Northern Ireland Act 1998 (1998 c 47 is an Act of the Parliament of the United Kingdom which established a Devolved Legislature The Government of Wales Act 2006 is an Act of the Parliament of the United Kingdom that reforms the National Assembly for Wales and allows further These are legal proceedings about the powers of the three devolved administrations – the Northern Ireland Executive and Northern Ireland Assembly, the Scottish Government and the Scottish Parliament, and the Welsh Assembly Government and the National Assembly for Wales. Devolution is the statutory granting of powers from the central government of a State to government at subnational level The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved Legislature for Northern Ireland The Northern Ireland Assembly ( Irish: Tionól Thuaisceart Éireann, Ulster Scots: Norlin Airlann Semmlie) is the devolved The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral The Welsh Assembly Government (WAG (Llywodraeth Cynulliad Cymru LlCC) was firstly an executive body of the National Assembly for Wales, consisting of The National Assembly for Wales (Cynulliad Cenedlaethol Cymru is a devolved assembly with power to make legislation in Wales. Devolution issues are currently heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by the Devolution Acts and the Human Rights Act 1998. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998 and mostly came into force

The Appellate Committee of the House of Lords will cease to exist after October 2009. The Judicial Committee of the Privy Council will however continue, located within the new Supreme Court building, as it is the final court of appeal for several States in the Commonwealth of Nations and British Overseas Territories. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The British Overseas Territories are fourteen territories that are under the Sovereignty of the United Kingdom, but which do not form part of the United Kingdom

Why the UK Supreme Court was created

The Government's plans to create the Supreme Court, announced in June 2003, were controversial and were brought forward with little consultation. During 2004, a select committee of the House of Lords scrutinised the arguments for and against setting up a new court. [4]

The main argument in favour of change was that there should be a separation between the House of Lords' role as a legislature and its role as a court. This, it was claimed, confused people and offended supposed constitutional principles of separation of powers and independence of the judiciary. The main argument against the reforms was that the current arrangements worked well and provided good value for money.

Building

The new Supreme Court will be located in a building separate from the Houses of Parliament. The Constitutional Reform Act 2005 gives time for a suitable building to be found and fitted out before the Law Lords move out of the Palace of Westminster. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the After a lengthy survey of suitable sites, including Somerset House, the Government announced that the location for the new court will be the Middlesex Guildhall, in Parliament Square, Westminster. Somerset House is a large building situated on the south side of the Strand in central London, overlooking the River Thames, just east of Waterloo The Middlesex Guildhall is a building on the south-west corner of Parliament Square in London. Parliament Square is a square outside the northwest end of the Palace of Westminster in London. Westminster is an area of Central London, within the City of Westminster. That decision was the subject of a inquiry by a committee of Parliament. [5] and the grant of planning permission by Westminster City Council for refurbishment works was challenged in judicial review proceedings by the pressure group SAVE Britain's Heritage. Judicial review is a procedure in English administrative law by which the courts supervise the exercise of public power on the application of an individual SAVE Britain's Heritage is a Pressure group in the United Kingdom that campaigns for the conservation of buildings [6] Feilden + Mawson LLP, supported by Foster & Partners, were appointed architects for the project. [7] The building is expected to re-open after renovation in October 2009.

Appointment of Judges

The Lords of Appeal in Ordinary (the Law Lords) who hold office when the Supreme Court begins work in October 2009 will be the first justices of the twelve-member Supreme Court, with Lord Phillips of Worth Matravers as the court's first president. Lords of Appeal in Ordinary, or Law Lords, are appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the Nicholas Addison Phillips Baron Phillips of Worth Matravers PC, (born 21 January 1938 is the Senior Lord of Appeal in Ordinary. [8] The Constitutional Reform Act 2005 makes provision for a new appointments process for Justices of the Supreme Court. The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. A selection commission will be formed when vacancies arise. This will be composed of the President and Deputy President of the Supreme Court and a member of the Judicial Appointments Commission of England and Wales, the Judicial Appointments Board for Scotland and the Northern Ireland Judicial Appointments Commission. The Judicial Appointments Commission is responsible for selecting Judges in England and Wales. The Judicial Appointments Board for Scotland is Public body responsible for making recommendations on appointments to judicial offices in Scotland. New judges appointed to the Supreme Court after its creation will not receive peerages nor will they be members of the House of Lords.

References

  1. ^ Written Statement of the Lord Chancellor and Justice Secretary regarding the Supreme Court. Lords Hansard (2007-06-14). Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1276 - While taking exile in Fuzhou in southern China, away from the advancing Mongol invaders, the remnants of the
  2. ^ Written Answer of the Ministry of Justice to question posed by Lord Steinberg (Col. WA102. Lords Hansard (2008-03-26). 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1026 - Pope John XIX crowns Conrad II as Holy Roman Emperor.
  3. ^ Scottish Court Service: An Introduction (PDF). Scottish Court Service. The Scottish Court Service is an executive agency of the Scottish Government responsible for the administration the of the Court system in Scotland Retrieved on 2008-05-23. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1430 - Siege of Compiègne: Joan of Arc is captured by the Burgundians while leading an army to relieve Compiègne  “The Supreme Courts are made up of the Court of Session, the High Court of Justiciary and the Accountant of Court's Office”
  4. ^ Lords Select Committee on the Constitutional Reform Bill First Report.
  5. ^ Minutes of Oral Evidence Taken before the Constitutional Affairs Committee 17 April 2007. Retrieved on 2008-05-23. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1430 - Siege of Compiègne: Joan of Arc is captured by the Burgundians while leading an army to relieve Compiègne
  6. ^ The Queen ex rel. Save Britain's Heritage v. Westminster City Council. High Court (Administrative Court). Retrieved on 2008-05-23. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1430 - Siege of Compiègne: Joan of Arc is captured by the Burgundians while leading an army to relieve Compiègne
  7. ^ Questions to the Department for Constitutional Affairs, 15 January 2007 (Col. 877W). Commons Hansard.
  8. ^ Lord Phillips of Worth Matravers appointed as senior Lord of Appeal in Ordinary.

See also

External links


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