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The Judiciary

The role of courts in the UK system, judicial independence, the Supreme Court, and the impact of the Human Rights Act.

Judicial Independence and the Supreme Court

The UK Supreme Court was established in 2009, replacing the Law Lords who had previously sat as the highest court within the House of Lords. This separation was designed to reinforce judicial independence from the legislature. The Supreme Court has 12 justices appointed by an independent selection commission.

Unlike the US Supreme Court, the UK Supreme Court cannot strike down Acts of Parliament — parliamentary sovereignty means that statute law is supreme. However, the court can issue declarations of incompatibility under the Human Rights Act (1998), signalling that a law conflicts with the European Convention on Human Rights. Parliament is not legally obliged to respond, but politically it usually does.

The Judiciary | Model Diplomat