ABSTRACT

Judges are at the heart of the law. The earliest judges used to rely on divine wisdom to settle cases. The judicial function was largely one of supervising events, like trial by ordeal, designed to reveal a divine truth. Judicial law-making is more openly required since the Human Rights Act 1998. Under its provisions judges decide an issue by evaluating what is 'necessary in a democratic society in the interests of public safety' or for 'health and morals' or 'national security' or 'the economic well-being of the country'. The Human Rights Act 1998 also allows judges to declare that parliament-made legislation is incompatible with human rights. The Supreme Court is the final court of appeal in the UK for civil cases. The procedure for appointing a Justice of the Supreme Court of the United Kingdom is governed by the Constitutional Reform Act 2005, as amended by the Tribunals and Enforcement Act 2007.