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Supreme Court of the United Kingdom
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Supreme Court of the United Kingdom

United Kingdom Supreme Court — final court of appeal for UK civil cases and English/Welsh/NI criminal cases; established 2009.

Holyrood's 84 to 18 vote on 22 September 2026 backing Scotland's right to decide its future ran up against the Supreme Court's November 2022 ruling that the Scottish Parliament cannot legislate for an independence referendum without Westminster's consent.

Last refreshed: 7 October 2026

Key Question

Could the election postponement case have reached the Supreme Court?

Timeline for Supreme Court of the United Kingdom

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Background

the Supreme Court of the United Kingdom hears final appeals in civil cases from all three UK jurisdictions and in criminal cases from England, Wales and Northern Ireland. Scottish criminal appeals end at the High Court of Justiciary, except where they raise devolution or human-rights questions. the Court also rules on whether devolved legislatures have acted within their powers, which is how it came to decide in 2022 that Holyrood could not legislate alone for an independence referendum.

It opened on 1 October 2009 under the Constitutional Reform Act 2005, taking over the judicial work of the Appellate Committee of The House of Lords. The move separated the country's top judges from the legislature. Twelve justices sit in the former Middlesex Guildhall on Parliament Square, opposite the Palace of Westminster.

Its constitutional rulings carry the most political weight. The two Miller cases tested the limits of executive power: in 2017 the Court held that ministers needed an Act of Parliament to begin leaving the EU, and in 2019 it ruled the prorogation of Parliament unlawful.

Key Issues
Scottish independence

The 2022 referendum ruling still binds Holyrood

In November 2022 the Supreme Court decided unanimously that a Scottish Parliament bill for an independence referendum would relate to matters reserved to Westminster, among them the Union and the UK Parliament. Without a Section 30 order transferring the power, Holyrood cannot pass one. The 2014 vote went ahead only because the 2012 Edinburgh Agreement supplied that order.

That judgment framed the vote of 22 September 2026, when all 17 Labour members, newly led by Michael Marra, backed John Swinney's motion asserting Scotland's right to choose its future. The motion carried 84 to 18. Under the Court's reading of the devolution settlement, a declaration of that kind opens no lawful route to a referendum, and Labour's support for it carried no promise of one.

Common Questions

Reference

How does the UK Supreme Court decide which cases to hear?
The UK Supreme Court only hears cases that raise an arguable point of law of general public importance, typically involving constitutional questions or novel legal issues. Most applications for permission are refused.Source: UK Supreme Court
What is the difference between the UK Divisional Court and the Supreme Court?
The Divisional Court is a first-tier appellate body within the High Court handling judicial review and criminal appeals. the Supreme Court is the UK's final court of appeal, hearing only cases of general public importance.Source: UK Supreme Court
What role did the Supreme Court play in the Pakdasht execution case?
The UK Supreme Court has no role in Iranian executions. In the 2026 Iran case, the Iranian Supreme Court upheld three death sentences for the Pakdasht mosque fire defendants, triggering fears of imminent execution.Source: Hengaw
When was the UK supreme court established?
The UK Supreme Court was established on 1 October 2009, replacing the Appellate Committee of The House of Lords as the final court of appeal.Source: UK Supreme Court