What just happened?

The United Kingdom’s (UK) Conservative government has announced plans to consider renaming and reforming the UK’s Supreme Court. These changes are currently under ministerial discussion.

What does this mean?

The proposed changes for the UK’s Supreme Court resemble a policy paper published by the thinktank Policy Review in July of this year entitled, ‘Reforming the Supreme Court’[1]. It recommended renaming the UK’s Supreme Court, the ‘Upper Court of Appeals’. The purpose of this would be to make clear that the Supreme Court it is not a US-style Supreme Court[2].

This short video gives an overview of the Independent Judicial System of England and Wales, illustrating its history and importance.

The reforms are ‘aimed at curtailing the court’s ability to become involved in constitutional issues such as last year’s parliamentary prorogation case, which ended in a resounding defeat for Boris Johnson.’[3] Jacob Rees-Mogg, the leader of the House of Commons, has described the actions of the court as a “constitutional coup”.[4] Similarly, many other conservatives have raised concerns about the dangers of “judicial activism” including the justice secretary, Robert Buckland QC, who is believed to be responsible for drawing up the plans for reform. [5]

Boris Johnson's suspension of Parliament has been ruled unlawful by the Supreme Court.

The primary concern for many is that "just like in the US, campaigners are increasingly looking to the courts to settle political arguments and this puts the judiciary in a place most of its members really don't want to be."[6]

How does this impact the legal sector?

David Lammy, the shadow justice secretary, said: “The Conservative government is determined to do all it can to take power away from the courts and hoard it in No 10”[7]. The Supreme Court was introduced in 2005 by Tony Blair and then-Lord Chancellor Lord Falconer and is the UK's highest court of appeal, existing as the final court of appeal for criminal and civil cases[8].

If the proposals were introduced, The Supreme Court’s jurisdiction would instead be exercised by panels of five or more judges from appellate courts[9]. There have been concerns about the idea of introducing specialist judges to be drafted, as this could result in the court becoming more politicised. Speculation would focus on individual judges and their backgrounds[10] . This would weaken an important tenant of the judiciary being separate and independent from the government.

There remains great division over these proposed changes to The Supreme Court, but it is certain that if the proposed reforms were implemented it would greatly change the current standing the UK Supreme Court.

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References:

[1] Owen Bowscott, ‘Supreme Court plans an attack on independent judiciary, says Labour’, (The Guardian, 15th November 2020)

[2] Oleg Burunov, ‘UK Supreme Court May Be Renamed to Avoid Settling US-Style ‘Political Arguments,’ Report Says’, (Sputnik International, 15th November 2020)

[3] Ibid

[4] Ibid

[5] Ibid

[6] Ibid

[7] Ibid

[8] Katie Feehan, ‘Supreme Court could be renamed under reform plans being considered’, (Daily Mail, 15th November 2020)

[9] Derrick Wyatt QC and Richard Ekins, ‘Reforming the Supreme Court’, (Policy Exchange,2020)

[10] Ibid

Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.