Supreme Court
Watching the news this morning about the forthcoming decision on bank charges and the phrase "Supreme Court" kept cropping up. I'm sure some watching (those who pay attention at least) may wonder why a US court is ruling on this and how that affects us?
They are of course referring to the UK Supreme Court. What do you mean you've not heard of it, it's been around for oo almost two months now.
Yes the UK gained a Supreme Court on the 1st October 2009 taking the function away from the House of Lords. At first glance this seems a sensible arrangement taking away the final say from an unelected, appointed house comprised of people who may not practice law and handing it over to an unelected, appointed house comprised of people who do practice law.
Except that's not why is was done. See previously this was handled by the Lord Chancellor who acted as the judge, except the LC is also a government minster with executive and legislative powers and other than separation of powers this might violate the Convention on Human Rights regarding a fair trial. Yup it's another case of doing things to satisfy the EU.
Hold on however, sometimes these impositions are a good thing. Isn't this one of them, isn't this the constitutional reform that takes away power from the 'privileged class'? Well yes, but look at it another way the judges in ordinary cases are steeped in law the basis on which they make decisions cannot help be influenced by this - yet as we know at times the law is an ass.
Acting only on the experience gleaned from sitting in the House of Lords members, I think, were more likely to take a common sense approach and reflect 'the people' more rather than the government position.
Of course the big point about this is - who knew about it? I don't recall any headlines in the paper or reports on the television.
2 comments:
"At first glance this seems a sensible arrangement taking away the final say from an unelected, appointed house comprised of people who may not practice law and handing it over to an unelected, appointed house comprised of people who do practice law."
I'm afraid that statement shows how little understood the House of Lord is/was. The Law Lords sat in the mornings and were exactly the same people who are now the judges who sit in the Supreme Court. The Peers had no role in the proceedings and no-one other than the Law Lords were present or allowed to speak. The Law Lords have always been a peculiar body as I always saw them as being a very early version of Life Peers
Don you're absolutely right, the Law Lords are appointed to the House and have must have legal experience and indeed the first set of judges will be the very same people.
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