United Kingdom Supreme Court
| Supreme Court of the United Kingdom | |
|---|---|
| Welsh: Goruchaf Lys y Deyrnas Unedig | |
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| Established | 1 October 2009 |
| Country | United Kingdom |
| Location |
Middlesex Guildhall, London |
| Composition method | Appointed by the Monarch on advice of the Prime Minister |
| Authorized by | Constitutional Reform Act 2005, Part 3 |
| Judge term length | Life tenure with mandatory retirement at the age of 70 or 75 depending on date of appointment |
| No. of positions | 12 |
| Website | www.supremecourt.uk |
| President | |
| Currently | Lord Neuberger of Abbotsbury |
| Since | 1 October 2012 |
| Deputy President | |
| Currently | Baroness Hale of Richmond |
| Since | 28 June 2013 |
The Supreme Court of the United Kingdom is the supreme court in all matters under English and Welsh law, Northern Ireland law and Scottish civil law. It is the court of last resort and the highest appellate court in the United Kingdom, although the High Court of Justiciary remains the court of last resort for criminal law in Scotland. The Supreme Court also has jurisdiction to resolve disputes relating to devolution in the United Kingdom and concerning the legal powers of the three devolved governments (in Scotland, Wales and Northern Ireland) or laws made by the devolved legislatures.
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, which had been exercised by the Lords of Appeal in Ordinary (commonly called "Law Lords"), the 12 judges appointed as members of the House of Lords to carry out its judicial business. Its jurisdiction over devolution matters had previously been exercised by the Judicial Committee of the Privy Council.
The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, it can overturn secondary legislation if, for example, that legislation is found to be ultra vires to the powers in primary legislation allowing it to be made. Further, under section 4 of the Human Rights Act 1998, the Supreme Court, like some other courts in the United Kingdom, may make a declaration of incompatibility, indicating that it believes that the legislation subject to the declaration is incompatible with one of the rights in the European Convention on Human Rights. Such a declaration can apply to primary or secondary legislation. The legislation is not overturned by the declaration, and neither Parliament nor the government is required to agree with any such declaration. However, if they do accept a declaration, ministers can exercise powers under section 10 of the act to amend the legislation by statutory instrument to remove the incompatibility or ask Parliament to amend the legislation.
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