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