The Supreme Court

• In the US the SC operates within a codified constitutional system – it has the power of constitutional Judicial Review and can therefore strike down Acts of Congress as being unconstitutional
• In the UK the SC is bound by the principle of Parliamentary Sovereignty – they cannot therefore act as the ‘guardian of the constitution’ in the same way
• The only court that can challenge the authority of Parliament is the European Court of Justice
• The Supreme Court, however, remains the highest Court of Appeal in the UK.
• The Court hears appeals on arguable points of law of the greatest public importance, for the whole of the United Kingdom in civil cases, and for England, Wales and Northern Ireland in criminal cases.
• Additionally, it hears cases on devolution matters under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act 2006. This jurisdiction was transferred to the Supreme Court from the Judicial Committee of the Privy Council.
• The Supreme Court hears appeals from the following courts in each jurisdiction:

1. England and Wales (The Court of Appeal, Civil Division, The Court of Appeal, Criminal Division (in some limited cases) the High Court)
2. Scotland (The Court of Session)
3. Northern Ireland (The Court of Appeal in Northern Ireland (in some limited cases) the High Court)

• No it cannot. Unlike some Supreme Courts in other parts of the world, the UK Supreme Court does not have the power to ‘strike down’ legislation passed by the UK Parliament. It is not the Court’s role to formulate public policy, but to interpret law and develop it where necessary, through well-established processes and methods of reasoning.
• However, the Supreme Court must give effect to directly applicable European Union law, and interpret domestic law so far as possible consistently with European Union law. It must also give effect to the rights contained in the European Convention on Human Rights.