CONSTITUTIONAL REFORM ACT 2005

Constitutional Reform Act 2005 and Supreme Court Establishment



Constitutional Reform Act 2005 and Supreme Court Establishment

Introduction

Effectiveness of a society is based on how well legal system supports the civil law implementation. Independence of judiciary plays a significant role in forming a strong foundation for enhancing conformity to the rule of law established by the elected parliamentarians. This enhances the importance of law and the entity that undertakes the responsibility to maintain the effective implementation of constitutional rules and policies. Role of Supreme Court in establishing the fundamental conceptions of justice is crucial to the importance of law. Therefore, it is necessary to highlight the normative implication of Supreme Court existence on the individual's life and social existence.

The independence of the judiciary is a principle recognized in all constitutional democracies. It seeks to ensure that cases are decided according to the law as interpreted by the judges, and that judges are insulated from improper external influences. It protects individual judges, and it calls for the collective protection of the institution of the judiciary.

The Constitutional Reform Act 2005 in UK created vital reforms to the judicial independence aspect of the country. Prior to the formation of the UK Supreme Court in 2009, House of Lords was holding the superior judicial body place in the United Kingdom's court hierarchy. It served as the highest court (court of last resort) in Britain from the fifteenth century until 1 October 2009. Constitutional Reform Act 2005 separated the core role of House of Lords and shifted the jurisdiction over civil and criminal cases of appeal in United Kingdom & Northern Ireland, and civil appeals from Scotland to the UK Supreme Court. Formation of Supreme Court was criticized greatly by many people across the state. House of Lords was the supreme judicial house that was controlling the legislative implementation and assessing the prospects of violation of judicial rules.

Formation of Supreme Court resulted in transference of House of Lords role to the Supreme Court. Role of House of Lords has been reduced to the consideration of transference of judiciary principles towards Supreme Court. House of Lords has a long history in the judiciary system establishment in Great Britain. The Appellate Committee of the House of Lords was effective, independent, and regarded as one of the finest courts in the world. Therefore, opponents to the Constitutional Reform Act propose that creation of a Supreme Court was an unnecessary and overly-expensive reform. This paper aims at exploring the fundamental basis for the formation of Supreme Court and to which extent it was necessary for enhancing the accountability of the judicial system.

House of Lords - Brief Overview

The House of Lords possessed primary jurisdiction over civil and criminal cases of appeal in United Kingdom, Northern Ireland, and Scotland. House of Lords was formed by the king to summon his advisers from Westminster palace. The appellant committee of the House of Lords is referred as 'Law Lords'. Their sitting in numbers on cases of high legislative and public importance ranges ...