Questions of Structure and Culture in UK Top Court Reform

Abstract

The United Kingdom Supreme Court (UKSC), established by s.23 of the Constitutional Reform Act 2005 (the Act) replaced the Appellate Committee of the House of Lords (ACHL). It opened in October, 2009. Its function is to hear appeals, almost all by way of leave, in civil cases (from England & Wales, Scotland, and Northern Ireland), and criminal cases from England & Wales, and Northern Ireland. It has also taken on the devolution jurisdiction of the Judicial Committee of the Privy Council, under which it deals with, for example, allegations that a devolved administration has exceeded its power. BBC Four’s 2012 documentary (BBC Four, 2012) provides an excellent introduction to the Court.This essay examines the reforms brought about by the Act with a particular focus on the new structures and cultures it has led to. It does so in five parts. First questions of structure are considered. We turn then to the theme of culture, including the impact of New Public Management (NPM) concepts in judicial administration. That is followed by consideration of the use of culture as a staff management device (in support of the structural reforms). The fourth part notes the reform’s least successful aspect – the new mechanisms for judicial appointments. Finally, the conclusion suggests that the interaction of structural reform and cultural changes at the Court may continue to give us more reform than proponents of the Act expected.