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5. Judicial Power in Ukraine, Great Britain and the usa. State Power Institutions in Ukraine: The System of Judicial Authority

The activities of the judicial power are outlined by the Constitution. The judicial power is represented by the Supreme Court and the Constitutional Court. They watch over the executive and legislative powers and are nominated by Supreme Rada. Legal proceedings are carried out by the Constitutional Court and courts of general jurisdiction. The supreme authority of the system of courts of general jurisdiction is the Supreme Court of Ukraine. Legal proceedings may be carried out only by courts. Courts’ jurisdiction covers all legal relationship in the state. The system of courts of general jurisdiction is based on the principles of territorial and special jurisdiction.

The Constitutional Court of Ukraine is a separate entity, independent from the courts of general jurisdiction. It cannot be used as a cassation, appeal or supervisory authority for the courts of general jurisdiction. The activities of the Constitutional Court of Ukraine promote constitutional control in all spheres, stabilization and strengthening of constitutional order, establishment of principle of primacy of law and the supreme legal force of the Constitution, promotion of constitutional rights and freedoms of citizens.

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005. The Lord Chancellor has announced that it will start work in October 2009 once its new premises are ready.

It will take over the Law Lords' judicial functions in the House of Lords and some functions in the Judicial committee of the Privy Council. The Supreme Court will be the final court of appeal in all matters under English law, Welsh law (to the extent that the Welsh Assembly makes laws for Wales that differ from those in England) and Northern Irish law.

It will not have authority over criminal cases in Scotland, where the High Court of Justiciary will remain the Supreme Court. However, it will hear appeals from the Court of Session, just as the House of Lords does today.

It may hear cases of dispute between the three devolved governments - the Northern Ireland Executive, the Scottish Government and the Welsh Assembly Government - and the UK government, taking over this function from the Judicial Committee of the Privy Council.

The new Supreme Court should not be confused with the Supreme Court of England and Wales, which was created in the 1870s under the Judicature Acts, nor with the Supreme Court of Judicature in Northern Ireland, each of which consists of a Court of Appeal, High Court of Justice and Crown Court. When the provisions of the Constitutional Reform Act 2005 come into force, creating the Supreme Court of the United Kingdom, the present Supreme Courts will become known as the Senior Courts of England and Wales and the Court of Judicature respectively, to avoid confusion.

The High Court of Justiciary , the Court of Session, and the Office of the Accountant of Court comprise the Supreme Courts of Scotland.

The main role of the UK Supreme Court will be to hear appeals from courts in the United Kingdom's three legal systems: England & Wales, Northern Ireland, and Scotland. The Court's focus will be on cases which raise points of law of general public importance. Like the current Appellate Committee of the House of Lords, appeals from many fields of law are likely to be selected for hearing - including commercial disputes, family matters, judicial review claims against public authorities and issues under the Human Rights Act 1998. The Court will also hear some criminal appeals but not from Scotland as there will be no right of appeal from the High Court of Justiciary (Scotland's highest criminal court).

The UK Supreme Court will also determine "devolution issues" (as defined by the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006). These are legal proceedings about the powers of the three devolved administrations – the Northern Ireland Executive and Northern Ireland Assembly, the Scottish Government and the Scottish Parliament, and the Welsh Assembly Government and the National Assembly for Wales. Devolution issues are currently heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by the devolution Acts and the Human Rights Act 1998.

The Appellate Committee of the House of Lords will cease to exist after October 2009. The Judicial Committee of the Privy Council will however continue, located within the new Supreme Court building, as it is the final court of appeal for several States in the Commonwealth of Nations and British Overseas Territories.

The Government's plans to create the Supreme Court, announced in June 2003, were controversial and were brought forward with little consultation. During 2004, a select committee of the House of Lords scrutinised the arguments for and against setting up a new court.

The main argument in favour of change was that there should be a separation between the House of Lords' role as a legislature and its role as a court. This, it was claimed, confused people and offended constitutional principles of separation of powers and independence of the judiciary. The main argument against the reforms was that the current arrangements worked well and provided good value for money.

The Lords of Appeal in Ordinary (the Law Lords) who hold office when the Supreme Court begins work in October 2009 will be the first justices of the twelve-member Supreme Court. The Constitutional Reform Act 2005 makes provision for a new appointments process for Justices of the Supreme Court. A selection commission will be formed when vacancies arise. This will be composed of the President and Deputy President of the Supreme Court and members of the appointment bodies for England and Wales, Scotland, and Northern Ireland. New judges appointed to the Supreme Court after its creation will not receive peerages nor will they be members of the House of Lords.