Judicial ReEngineering

Pakistan
The Supreme Court has been the apex court for Pakistan since the declaration of the republic in
1956 (previously the Privy Council had that function). The Supreme Court has the final say on
matters of constitutional law, federal law or on matters of mixed federal and provincial
competence. It can hear appeals on matters of provincial competence only if a matter of a
constitutional nature is raised.
With respect to Pakistan's territories (i.e. FATA, Azad Kashmir, Northern Areas and Islamabad
Capital Territory (ICT)) the Supreme Court's jurisdiction is rather limited and varies from
territory to territory; it can hear appeals only of a constitutional nature from FATA and Northern
Areas, while ICT generally functions the same as provinces. Azad Kashmir has its own courts
system and the constitution of Pakistan does not apply to it as such; appeals from Azad Kashmir
relate to its relationship with Pakistan.
The provinces have their own courts system, with the High Court as the apex court, except
insofar as where an appeal can go to the Supreme Court as mentioned above.
United Kingdom
The Supreme Court of the United Kingdom was established by the Constitutional Reform Act
2005 with effect from 1 October 2009 and assumed the judicial functions of the House of Lords,
which include final appellate jurisdiction in civil cases throughout the UK, and in criminal cases
in Northern Ireland, England and Wales. In the United Kingdom, there are separate legislatures
with limited devolved powers over Wales, Northern Ireland and Scotland: devolution issues
under the Scotland Act 1998, Government of Wales Act and Northern Ireland Act were
transferred from the Judicial Committee of the Privy Council to the new Supreme Court by the
Constitutional Reform Act.
In respect of Community Law the Supreme Court is subject to the decisions of the European
Court of Justice. Since there can be no appeal from the Supreme Court, there is an interlocutory
procedure by which the Supreme Court may refer to the European Court questions of European
law which arise in cases before it, and obtain a definitive ruling before the Supreme Court gives
its judgment.
The Supreme Court shares its members and accommodation at the Middlesex Guildhall with the
Judicial Committee of the Privy Council which hears final appeals from certain smaller
Commonwealth countries, admiralty cases, and certain appeals from the ecclesiastical courts and
statutory private jurisdictions, such as professional and academic bodies.
(The Constitutional Reform Act renamed the rarely cited Supreme Court of Judicature for
England and Wales as the Senior Courts of England and Wales).
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