Judiciary to have Equal Power as Parliament

In the U.S. Constitution, Article I references the Legislature, Article II references the Executive, and Article III references the Judiciary;  of significance is that each branch has equal but distinct powers, this way there is "checks and balances" on power.  What this means is that no branch can become more powerful than the other.  Similarly, the UK Constitution would specify that the Parliament and the Judicary are equal in power, and each "checks" the others powers.

There shall be lower level courts for trials;  then an appellate Court to handle all appeals from the trial court;  then finally the UK Supreme Court to hear only the appeals they agree to hear from the Appellate Court.  (In other words, the UK Supreme Court would not hear all appeals from the Appellate Court, but only appeals they feel are worthy to be heard by them by granting the case "writ of certiari" [that is the Latin term used by the U.S. Supreme Court, which goes counter to my proposal to use words in "plain English"].  The UK Supreme Court would not only hear matters involving the UK Constitution, but rather any matter they feel worthy under UK law.

There equality to Parliament will be evident if a legal matter goes to them involving a litigant challenging a statute as being unconstitutional (ex. a statute limiting speech, or right of assembly, etc...).  The judiciary, and ultimately the UK Supreme Court, may find a statute passed by Parliament as unconstitutional, which will provide the proper "checks and balances" amongst the branches of government. 

The UK Supreme Court will be the highest authority regarding UK law, and there shall be no higher Court to appeal to.  Where this gets tricky is if a litigant references European law, then a European Court may also have jurisdiction on the issue, and therefore may have the authority to hear an appeal from the UK Supreme Court. This issue of course was addressed in a separate section, which will likely need to be settled via a political solution regarding balancing the powers of the UK versus Europe.

edited on Jan 28, 2015 by Emma McNulty
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