UNIT 6: JUDICIAL POWER IN THE UK

The Functions of the Judiciary in the UK

It tries to safeguard human liberties and establish the Rule of Law. In the UK, there are three
kinds of Laws that are in practice:
 COMMON LAWS: they have originated from old customs and traditions and thus
they are older than parliamentary laws.
 STATUTORY LAWS: These are the laws which are passed by Parliament with due
process. These are written and more authoritative.
 LAW OF EQUITY- Judges decide cases with equity and those principles which are
taken into consideration, while administering justice are called Law of Equity.
The Structure of the Judiciary in the UK

The Supreme Court

The UK Supreme Court is made up of a President, Deputy President and 12 judges of the
Supreme Court. It was established, following the Constitutional Reform Act of 2005. Yet, its
actual inauguration came about on October 1, 2009. Upon its establishment, it replaced the
Appellate Committee of the House of Lords as the highest court in the country. The Supreme
Court was established to achieve a complete separation between the United Kingdom's senior
Judges and the Upper House of Parliament, emphasizing the independence of the Law Lords
and increasing the transparency between Parliament and the courts. It acts as the final court
of appeal for all United Kingdom civil cases, and criminal cases from England, Wales and
Northern Ireland. It hears appeals on arguable points of law of general public importance,
concentrates on cases of the greatest public and constitutional importance and maintains and
develops the role of the highest court in the United Kingdom as a leader in the common law
world.
Criminal Courts

Criminal courts deal with different types of offences from serious offences like murder and
manslaughter to personal offences, such as assualt, rape and abuse, property offences, like
theft, robbery, etc. They are divided into:
 Magistates’ Court
 Crown Court
 Court of Appeal (Civil Division)
About 95% of all criminal cases in England and Wales are tried in the Magistrates’ Courts,
which deal with summary offences (less serious ones). In certain circumstances, the court may
commit an accused person to the Crown Court for more severe punishment. The Crown Court
deals with indictable offences (more serious ones). A jury of twelve people decides whether
the defendant is guilty of the crime he or she is charged with or not. The Court of Appeal:
From the Crown Court, appeal against conviction or sentence goes to the Criminal Division of
the Court of Appeal
Civil Courts

Civil Courts rule all cases concerning goods, property, debt repayment and breach of contract.
They are divided into the County Court, the High Court and the Court of Appeal. County
Courts often deal with small claims, land cases, divorce, etc. The High Court, however, is
devoted to more complex cases.
The Relationship between the Judiciary and the Executive
The judiciary exercises scrutiny over the executive by ensuring that the executive acts within
its powers. This involves ensuring that the executive only acts where it has the power to do so,
and that it exercises its powers in accordance with the law. This judicial scrutiny extends to
checking that any legislative acts carried out by the executive (that is, the making of
subordinate legislation are within the scope of the powers delegated by Parliament. The courts
can therefore question the lawfulness of actions by public bodies, including government
Ministers, and this is done through a procedure known as judicial review. This role of the
judiciary highlights why it is so important for judges to be independent of the influence of the
executive.
The Relationship between the Judiciary and the Legislature
In cases before the courts, judges are required to interpret legislation in line with the intention
of Parliament. Judges can be influential in the way they interpret and apply legislation but
they may not challenge the validity of an Act of Parliament unless it is in breach of European
law. They may declare an Act of Parliament to be incompatible with the European Convention
of Human Rights but may not strike it down for this reason. Although judges are responsible
for the development of the common law, Parliament may legislate to overturn or modify the
common law, thus overriding the judge-made law. Judges in the senior courts have life tenure,
which protects their independence. A resolution of both Houses of Parliament is needed to
remove a High Court judge from office, while judges at the lower levels can only be removed
after disciplinary proceedings.