The UK Constitution part 4: The Judiciary

The Bench Report

Curious about why the UK has not just one, but three distinct legal systems? It might seem a bit unusual for a single country, but it's a fascinating result of history and the Acts of Union. Understanding these differences, and what ties them together, is key to grasping how justice is administered across the United Kingdom.

In episode 4 of The Bench Report's series on the UK Constitution, we take a detailed look at the three separate judicial systems operating within the UK: England and Wales, Scotland, and Northern Ireland. We'll explore their structures, key courts, and the principles that underpin them.

Here’s what you’ll learn:

* Distinct Histories, Separate Systems: Understand why England and Wales, Scotland, and Northern Ireland have their own unique legal frameworks, tracing back to historical events like the Act of Union.

* Key Courts in Each Nation: We'll outline the main courts in each jurisdiction, from the senior courts in England and Wales to the Court of Session in Scotland and the High Court in Northern Ireland.

* The Role of Lower Courts: Learn about the county courts and magistrates' courts in England and Wales, the sheriff courts and justice of the peace courts in Scotland, and the unified system in NI

* Judicial Independence: A Core Principle: Discover why judicial independence is so vital and how it's protected by law in all three systems.

* How Judges Are Appointed: The merit-based appointment processes in each jurisdiction, designed to ensure impartiality.

* The Unifying Role of the UK Supreme Court: How it acts as the final court of appeal for civil cases across the UK and for criminal cases from England, Wales, and NI (with some exceptions for Scotland).

* Judicial Review Explained: How this crucial mechanism that allows courts to scrutinize the lawfulness of decisions made by public bodies.

Source: The United Kingdom constitution – a mapping exercise
Research Briefing
Published 23 April, 2025

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No outside chatter: source material only taken from Hansard and the Parliament UK website.

Contains Parliamentary information repurposed under the Open Parliament Licence v3.0.

Chapters

1. The UK Constitution part 4: The Judiciary (00:00:00)

2. England and Wales: Senior Courts (00:00:22)

3. Lower Courts (00:01:09)

4. Judge immunity and independance (00:01:41)

5. How are they appointed? (00:02:09)

6. Scotland: Court of Session (00:02:46)

7. Northern Ireland (00:04:36)

8. UK Supreme Court (00:05:36)

9. Privy Council (00:07:27)

10. Judicial Review (00:08:18)

11. Conclusions (00:09:10)