The New U.K. High Court: A Chip Off The New Block

[WSJ_law_blog]

Chalk one up for American legal exceptionalism.

The United Kingdom has rolled out a newly designed high court and it samples a few notes from our very own high court. Go, SCOTUS!

Here’s a page-one story over the weekend from WSJ.

The U.K. this month replaced its Law Lords ─ a committee of noblemen that served as the highest tribunal for much of Britain ─ with the new “Supreme Court of the United Kingdom.” Beyond the name similarities, the new U.K. court is fully separated, American-style, from Parliament and its legal function.

On Friday, SCOTUS halted court while Roberts, Scalia and Breyer traipsed across the pond to attend the court’s opening, where the justices hobnobbed with Queen Elizabeth. (Justice Ginsburg was also due to attend, but she was removed from a London-bound flight after an adverse reaction to a sleeping aid. She soon recovered.)

For the occasion, the 11 judges on the U.K Supreme Court (“SCOTUK”?) shed their old red robes and wigs ─ the “Father Christmas outfit,” as one judge told WSJ ─ in favor of new black robes, embellished with gold lace and thread (shown here, courtesy of the Associated Press.)

In short, the new court is meant to be a modern upgrade, with a simpler structure and easier access for the public.

“Over 200 years or more of [U.S.] Supreme Court history, the cases are filled with references that show our law is based on English law,” Justice Breyer said. “They are perhaps taking a leaf from our book.”

Lest we get too excited, though, the U.K. court will remain distinct. The court, for example, does not have the power to strike down legislation, as do our high benchers.

Still, folks across the pond are concerned that their newly designed court will bump up against legislators ─ “an accusation frequently made in the U.S. when courts wade into issues like abortion,” WSJ writes.

The head of the new court downplays the concern. “I don’t think we’ll get too big for our boots,” says Lord Phillips.

LB Extra: Also, in this clip, the queen greets Roberts, Alito and Breyer.