1 / 6

United Kingdom Supreme Court

United Kingdom Supreme Court. Parliamentary Sovereignty Brief Background Responsibilities. Popular Sovereignty. Popular Sovereignty: The legislative body has absolute sovereignty and is supreme over all other government institutions, including executive and judicial bodies

gallia
Télécharger la présentation

United Kingdom Supreme Court

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. United Kingdom Supreme Court Parliamentary Sovereignty Brief Background Responsibilities

  2. Popular Sovereignty • Popular Sovereignty: • The legislative body has absolute sovereignty and is supreme over all other government institutions, including executive and judicial bodies • The concept also holds that the legislative body may change or repeal any previous legislation, so that it is not bound by written law or precedent • Popular sovereignty contrasts with that of Judicial Review • Up until 2009, House of Lords retained judicial authority in the UK

  3. Brief Background • The creation of a Supreme Court for the United Kingdom was first debated in a July 2003 Department of Constitutional Affairs Consultation Paper • The paper laid out the argument that no true judicial separation existed between the judicial functions and legislative functions in the House of Lords • Non-judicial members of House of Lords were never given jurisdiction over legal decisions, but Gov’t wanted to create more transparency for citizens • Those who argued against the formation of a Supreme Court noted costs would rise w/ a formation of a separate court and problems may arise between UK Supreme Court and EU stipulations • The Supreme Court was established by Part 3 of the Constitutional Reform Act 2005 and started work on 1 October 2009 • It assumed the judicial functions of the House of Lords; 12 sitting Lords preside over the UK Supreme Court

  4. Powers and Responsibility • The main role of the UK Supreme Court is to hear appeals from courts in the United Kingdom's three legal systems: England and Wales, Northern Ireland and Scotland • The Supreme Court acts as the highest court for civil appeals in Scotland, but Scottish Supreme Court has jurisdiction over criminal courts • The Court's focus is on cases that raise points of law of general public importance: • Commercial disputes, family matters, claims of incompatibility with Human Rights • The court can overturn secondary legislation if that legislation is found to be beyond the powers of the primary legislation that allowed it in the first place • The court may also make a “Declaration of Incompatibility” which means that it believes that the legislation subject to the declaration is incompatible with the European Convention on Human Rights

  5. Understanding the UK Supreme Court • UK’s Supreme Opens for Business • http://www.youtube.com/watch?v=DA__YxSCo8U&feature=related • Opening of UK Supreme Court • http://www.youtube.com/watch?v=cOJm2aI7L2s&feature=related • From House of Lords to Supreme Court • http://www.youtube.com/watch?v=EHRmi26qFAA • Issues between UK and EU Courts • http://www.youtube.com/watch?v=CfZw_zGVABI

More Related