Judiciary of the United Kingdom

Judiciary of the United Kingdom
Name	Judiciary of the United Kingdom
Caption	Royal coat of arms as used by the Judiciary of England and Wales
Court type	National judiciary
Established	1 October 2009 (current form)
Country	United Kingdom
Location	Supreme Court, Parliament Square, London
Authority	Constitution of the United Kingdom
Terms	Until mandatory retirement at 70 or 75
Positions	12 (Supreme Court Justices)
Chiefjudgename	The Lord Reed of Allermuir
Chiefjudgetitle	President of the Supreme Court of the United Kingdom
Termstart	13 January 2020

Judiciary of the United Kingdom. The judiciary of the United Kingdom is the system of courts that interprets and applies the law across the constituent nations of England and Wales, Scotland, and Northern Ireland. Its modern structure was fundamentally reshaped by the Constitutional Reform Act 2005, which notably created a separate Supreme Court of the United Kingdom to assume the judicial functions of the House of Lords. The judiciary operates under the principle of judicial independence, a cornerstone of the British constitution, and its judges are drawn from the senior legal professions across the United Kingdom.

History and development

The historical roots of the UK judiciary lie in the medieval royal courts of England, such as the Court of King's Bench and the Court of Common Pleas, which developed the system of common law. A pivotal moment was the Glorious Revolution of 1688 and the subsequent Bill of Rights 1689, which helped establish Parliamentary sovereignty and the separation of powers. For centuries, the highest court of appeal was the Appellate Committee of the House of Lords, with the Lord Chancellor serving as both a government minister, head of the judiciary, and speaker of the House of Lords. This fusion of roles was ended by the Constitutional Reform Act 2005, which formally separated the judiciary from the legislature and executive, leading to the establishment of the Supreme Court of the United Kingdom in 2009. The separate legal traditions of Scotland, influenced by civil law, and Northern Ireland were preserved within the union, notably under the Acts of Union 1707 and the Government of Ireland Act 1920.

Structure and composition

The structure is not unitary but comprises three distinct judicial systems. For England and Wales, the senior courts are the Court of Appeal, the High Court, and the Crown Court, overseen by the Lord Chief Justice of England and Wales. The Scottish system includes the Court of Session for civil matters and the High Court of Justiciary for criminal cases, led by the Lord President of the Court of Session. In Northern Ireland, the structure mirrors that of England and Wales, with a Court of Appeal in Northern Ireland and a Lord Chief Justice of Northern Ireland. At the apex sits the Supreme Court of the United Kingdom in Middlesex Guildhall, which hears appeals from all three jurisdictions on points of law of general public importance. Below these are numerous tribunals, such as the Employment Appeal Tribunal, and magistrates' courts.

Jurisdiction and powers

The judiciary's primary jurisdiction is to interpret legislation passed by the Parliament of the United Kingdom and to develop the common law through precedent. A critical power, enhanced by the Human Rights Act 1998, is to review the compatibility of acts of public authorities with the European Convention on Human Rights, issuing declarations of incompatibility. The Supreme Court of the United Kingdom also determines devolution issues under the Scotland Act 1998, Northern Ireland Act 1998, and Government of Wales Act 2006, ruling on disputes involving the Scottish Government, Welsh Government, and Northern Ireland Executive. Courts administer justice in criminal cases, from the Magistrates' Court to the Crown Court, and adjudicate civil disputes in areas like contract, family law, and judicial review of administrative action.

Appointment and independence

Judicial appointments are designed to uphold the principle of judicial independence from the Government of the United Kingdom. Since 2006, most appointments have been managed by the independent Judicial Appointments Commission for England and Wales, with similar bodies in Scotland (Judicial Appointments Board for Scotland) and Northern Ireland (Northern Ireland Judicial Appointments Commission). Justices of the Supreme Court of the United Kingdom are appointed by the Monarch on the advice of the Prime Minister, following a selection commission. Senior judges, such as the Lord Chief Justice of England and Wales, now hold the statutory duty to uphold judicial independence. Security of tenure is protected, as senior judges can only be removed by an address to the Monarch from both houses of Parliament.

Relationship with other branches

The relationship is governed by the doctrine of separation of powers and Parliamentary sovereignty. While the judiciary cannot strike down primary legislation from Parliament, it can interpret it authoritatively and review secondary legislation. The Constitutional Reform Act 2005 formally ended the executive role of the Lord Chancellor in the judiciary, transferring functions to the Lord Chief Justice of England and Wales and the Lord President of the Supreme Court of the United Kingdom. Judges are barred from sitting in the House of Commons, and law lords ceased to be members of the House of Lords upon joining the Supreme Court. The judiciary interacts with the executive through mechanisms like the Judicial Review and Courts Act 2022 and in matters concerning national security, often involving the Secretary of State for the Home Department.

Notable cases and jurisprudence

Landmark judgments have shaped UK constitutional law. In *R (Miller) v Secretary of State for Exiting the European Union* (2017), the Supreme Court ruled that the government required an act of Parliament to trigger Article 50. The earlier *Factortame Ltd v Secretary of State for Transport* (1990) established the principle that European Union law could displace inconsistent UK statutes. In *A v Secretary of State for the Home Department* (2004), the Law Lords declared parts of the Anti-terrorism, Crime and Security Act 2001 incompatible with the European Convention on Human Rights. Scottish jurisprudence includes *Donoghue v Stevenson* (1932), a foundational case in the common law of negligence, decided by the House of Lords. More recently, *R (UNISON) v Lord Chancellor* (2017) struck down employment tribunal fees as an unlawful barrier to access to justice.

United Kingdom Category:Government of the United Kingdom Category:Law of the United Kingdom