Suprem Court Essay

COMPARISON: UK, USA & SOUTH AFRICA

Introduction

A supreme court [1] is in some jurisdictions the highest judicial body within that jurisdiction's court system, whose rulings are not subject to further review by another court[2]. The designations for such courts differ among jurisdictions.[3] Courts of last resort typically function primarily as appellate courts, hearing appeals of decisions made by the lower trial courts or intermediate-level appellate courts.

Now we shall look at the Supreme Courts in UK, USA and South Africa

Supreme Court of the United Kingdom

The supreme court of the UK came into existence from 1st October 2009[4]. It exercises the former appellate jurisdiction of the House of Lords and the former devolution jurisdiction, that is, matters relating to devolution with the United Kingdom[5] of the Privy Council[6]. Furthermore, it is a final court of appeal, court of record, a superior court and a court whose cases are regularly reported[7].
Due to the uncodified and largely unwritten constitution of UK, and the doctrine of parliamentary supremacy[8], the UK Supreme Court does not have the right to challenge or even strike down legislation that the judiciary regards as incorrect.

Furthermore, although the Supreme Court is the highest court of appeal, it must give effect to directly applicable European Union law, and interpret domestic law so far as possible consistently with European Union law.[9] It must also give effect to the rights contained in the European Convention on Human Rights[10].
The UK Supreme Court and House of Lords[11]
Most people believe that the Supreme Court is a direct replacement of the work done by the Law Lords; there are in fact several key differences between the old and the new.
The House of Lords was the final court of appeal on points of law for all civil cases in the United Kingdom, and the final court for criminal matters for England, Wales and Northern Ireland.
By contrast, the Supreme Court is...