Much of the world’s legal structures owe a debt to the United Kingdom. From the 1215 signing of the Magna Carta to present, the British system has been a model for many nations around the world, as they sought to shape their own judiciaries in a more just, fair, and orderly manner. However, as time rolled on and nations developed, British structure, in a nod to the importance of tradition in that culture, stayed relatively unchanged. The United States increasingly became the world’s legal benchmark, with an independent, powerful judiciary granted the right to intercede and check the vast powers of a strong legislature. In the United Kingdom, however, the highest legal authority resided in the legislature, emblematic and representative of the nonpareil power of British Parliament.
In truth, comparing the American and British judicial systems has a striking apples-and-oranges feel. The Constitution, so revered in the United States, serves as the basis of the legal system. Laws that are deemed not to fit the spirit of the Constitution, or that run in direct opposition to its declarations are thrown out, without legislative oversight. The UK operates on a common law system, where court decisions are made on precedent and adhere to certain traditional sources of determinacy, like the Magna Carta. It is perhaps thusly fitting that the final authority in these regards is located in a structure, and more specifically, a chamber, that is so rooted in historical conventions. Unlike the checked and balanced, three-branch structure of the American federal government, Parliament is the centerpiece to British governance. The head of government, his or her cabinet, and (until recently) the highest judges in the nation are all members of the legislature. Even the monarch, the head of state in the United Kingdom, is accountable to Parliament.
Previously, the collection of the twelve Lords of Appeal in Ordinary, or “Law Lords,” served as the highest court of appeals in the UK. This configuration, which existed from “1876 until 2009”, was eliminated by the Constitutional Reform Act of 2005, which created an independent Supreme Court, and a system in which “the senior judges no longer sit in the legislature” (Guardian). The House of Lords, the upper chamber of British Parliament, is an appointed body of legislators, outside of the realm of public control. This change could mark a diminished role both for this body and Parliament in general, as “the creation of a new Supreme Court means that the most senior judges are now entirely separate from the Parliamentary process” (Supreme). Significantly, while these lords are the “first justices of the 12-member Supreme Court,” they are “disqualified from sitting or voting in the House of Lords” (Law). In years past, these members could vote on, and potential debate or propose the laws that they would be deciding later, which creates an arguably dangerous role for an officer of justice intended to rule without bias.
While this change in centuries-old procedure may be lauded as an important change, questions have been raised over whether such reform is substantive in a meaningful way. Indeed, under the new law, the Supreme Court “has no power to nullify acts of parliament as unconstitutional,” nor “it is likely that appointments to the supreme court will now become politically charged, in the manner of the US” (Guardian). What is the point, then, or such changes to a tested system? This separation does mark an important move toward a more balanced central government, and could be a sign that the British government seeks to cultivate an independent judiciary away from what some may view as an antiquated, undemocratic upper house. The Guardian editorial board seems to agree, and while they may not believe that the reform will lead instantaneously to a great deal of change, they conclude simply that “This is a good day for grown-up government.”
References:
"Law Lords." UK Parliament. 2009. Web. 06 Nov. 2013.
"Supreme Court: Britain's October Revolution." The Guardian. Guardian News and Media Limited, 30 Sept. 2009. Web. 06 Nov. 2013.
"The Supreme Court." Judges, Tribunals and Magistrates. Judicial Office, 2009. Web. 06 Nov. 2013.
Text of the Constitutional Reform Act of 2005: http://www.legislation.gov.uk/ukpga/2005/4/contents