UK membership in the EU has brought some inevitable changes to the traditional British court system. In 2003 the government announced its plans to create the UK Supreme Court. In 2004 the Bill was introduced in the House of Lords and caused a great deal of controversy. A select committee of the House of Lords scrutinised all arguments for and against setting up a new court and made a statement. There should be a separation between the role of the House of Lords as a legislature and its role as a court. The current arrangements offended the constitutional principles of separation of powers and independence of the judiciary. Following the amendments made, the Bill was approved by both the House of Commons and the House of Lords on March 21, 2005, and received Royal Assent on March 24, 2005. The Constitutional Reform Act of 2005 established the twelve-member Supreme Court of the UK which will start work in October 2009. It will focus on a range of appeals including claims against public authorities, commercial disputes, and issues under the Human Rights Act of 1998, that is, cases which raise points of law of general public interest. The new Supreme Court, which should not be confused with the Supreme Court of England and Wales (formerly Supreme Court of Judicature), comprising the Court of Appeal, High Court of Justice and Crown Court will take over the judicial functions of the Lords of Appeal in Ordinary (the Law Lords) in the House of Lords, some powers of the Judicial Committee of the Privy Council and will act as the final court of appeal in all matters in the three legal systems: England &Wales, Northern Ireland and Scotland. However, it will not have authority over criminal cases in Scotland but may hear appeals, just as the House of Lords can today. A major change is that under the Act, the Lord Chancellor can be either from the House of Commons or from the House of Lords and will no longer act as both a government minister and a judge. The Lord Chief Justice replaces him as head of the English Judiciary. The Constitutional Reform Act of 2005 makes provision for a new Judicial Appointments Commission which will be responsible for selecting and appointing judges to the UK Supreme Court. New judges will not be granted peerages, nor will they be members of the House of Lords.
Modifié le: mercredi 26 décembre 2012, 07:59