UKSC

when was it established

It has 14 years since it was established on the 16th of October 2009

located in the former Middlesex Guildhall building

it is the highest court of appeal of the UK

it used to be found in the House of Lords

Appellate Committee of the House of Lords

it was established through the 2005 Constitutional Reform Act

choice of UKSC judges

when a vacancy arises is set up an indipendent selection committee chaired by the president of the Supreme Court

representatives of the different legal jurisdiction of the UK

two senior judges

England

Wales

Scotland

Northern Ireland

eligibility criteria

judge in the high court or court of appeal for at least two years

practising lawyer for at least 15 years

once a new justice has been nominated his name is sent to the lord chancellor

accept the nomination

reject the nomination under certain cirmustances

reject with invitation to further consideration

l.c. sends the nomination to the Prime Minister's office

then sends the nomination to the King

the King makes an appointment on advice from the Prime Minister

cannot belong actively to any politica party

it is composed of 12 judges

the justice are appointed until the mandatory retirement age of

70 if appointed after 31/03/1995

75 if before

they must serve during good behaviour

termination of functions

retirement age

resignment

death

resolution of parliament, the only depositary of such power

cases before the UKSC

numbers

it receives per year around 230 application for request for permissione to appeal

hears about 90 cases per year

they can also take part in the judicial committee of the privy council

appellate body

small controversie

former British colonies

overseas territories

40/year in the Privy Council

procedure for cases

a case will come to appeal from the lower courts

most cases will come from the court of appeal

some of them can leapfrog from the high cost

devolution issues

when the parliaments have gone beyond their power

law officers can refer questions to the UKSC directly

which is devolved to them by the UK parliament

they usually hear cases in a panel of 5

although 7 or 9 depending on the importance of the case

initially oral argument which lasts for two days

usually senior barrister

solicitors with the right of audience

other lawyers to pass information

parties

appellants

respondent

appealing procedure

judges have a pre trial phase to discuss initial thoughts on the case

private meeting

after a hearing the judges meet to deliberate in private

deliberation goes from the junior to the most senior

one judge is usually indicated to draft the view of the majority

after drafting judges can share their draft

accede to another opinion

write down some concurring opinion

dissent and write down a dissenting opinion

when judgment is ready it is said to be handed down

a judge read the summary in an online procedure streaming

full judgment is put on the website

it can decide that certain legislation is incompatible with

Human rights act of 1997

ECHR

it does not strike down legislation

the court leaves to the parliament the possibility of modifying the legislation in contrast with such document