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2/21/25, 9:02 PM about:blank UKSC Supreme Court presentation With regards to the High Court of Justiciary, and the inner House of the Court of Session, - discussed by Siobhan and Ali respectively - there is only one court superior to these - though this is dependent cn the context and content of the potential appeal - this is the Supreme Court of the United Kingdom (UKSC). Before the formation of the UK Supreme Court though, the highest court in the land was the House of Lords, often known as the ‘Court of Last Resort’ and administered by the Appellate Committee of the House of Lords, itself administered by ‘Law Lords’. This changed following the introduction of the Constitutional Reform Act 2005 $23(1) [all of part 3] which formally established the United Kingdom Supreme Court on the 1" of October 2009. The UKSC then took over the judicial role that the Law Lords in the House of Lords previously held. The UKSC took over the former Middlesex Guildhall, sitting alongside Parliament Square, near the Houses of Parliament, Westminster Abbey, and the Treasury building. Part of the reasoning for this change was to be more accessible to the public and to ensure the separation of powers, rather than when the final court of appeal was the House of Lords, which was part of the Legislative branch. In addition, almost all their cases are filmed and streamed live on the UKSC website and YouTube channel, as well as some that are of high importance being broadcast on ‘TVandttor radio stations. ‘The UKSC has jurisdiction as the final court of appeal for all Civil cases in the UK - including Scotland - as well as Criminal cases from England, Wales, and Northern Ireland, though it also can hear appeals of some criminal cases from Scotland, but only on specific matters relating to Human Rights, or Devolution issues. The UKSC can choose which cases to hear, and therefore only hear certain cases which must address an issue of wider importance to society. As an appeal court, it only decides on the interpretation of law, and not the facts of a case. Its decisions are binding on lower courts in the jurisdiction within the UK where the case originated and are highly persuasive in others. Due to Parliamentary Sovereignty, the court cannot ‘strike down’ primary legislation, but can do this to secondary legislation if it was created ‘ultra vires’ or ‘beyond the powers’ of the body making it. ‘When the UKSC decides that a law is not in line with the European Convention on Human Rights, it can only make a ‘Declaration of Incompatibility’ with the convention, and itis then down to Parliament to make the changes required to fix this - though the UKSC has no powers to enforce the changes to be made. ‘The UKSC consists of 11 judges known as “Justices of the Supreme Court of the United Kingdom’. The ‘maximum number of justices and the procedure for their appointment is also set out in the Constitutional Reform Act 2005 s25-31. The maximum number is 12, and they are all legal professionals who have either held high Judicial office for at least two years or a ‘qualified’ professional for at least 15 years. Since its inception it has been made up of eleven in total - one president (Currently Lord Reed), one deputy president (Currently Lord Hodge) - both current postholders are Scottish legal professionals and members of the Faculty of Advocates - along with nine other ‘Justices’. The Constitutional Reform Act 2005 $42 states that there must be an uneven number of Justices sitting at any hearing - this ensures that there is no ‘tie’ in opinions, and a definitive decision is made. There must be a minimum of three justices sitting on any hearing, though they usually sit as a panel of five, however, this increases in some circumstances - ifthe case is of high constitutional importance, great public importance, or raises an important point in relation to the European Convention on Human Rights for example, 12