The final piece of this chunk of articles on the judiciary and independence focuses on the structure and make-up of the court system itself – how many courts there should be, what practical/structural things we would need to consider to improve access to justice and the different tiers of courts and tribunals.
Sometime early next year, the final set of posts on a Welsh Justice System will look at crime, punishment and rehabilitation.
Last, but not least, would be the Supreme Court of Wales.
The Supreme Court would be the very last court of appeal for a very small number of cases that somehow manage to get through all of the other courts below it.
Much like the UK Supreme Court, a Welsh Supreme court would only deal with cases that raise a serious point of law.
The Supreme Court would also act as a Welsh Constitutional Court, deciding whether government actions, legislation or proposed amendments to a Welsh Constitution (if we have one) are compatible with the spirit of the Constitution and wouldn’t present any unintended consequences for people’s rights, freedoms or obligations.
There’s a debate to be had over whether a Supreme Court should have the power to “strike down” legislation if it deems it to be incompatible with the constitution or European Convention on Human Rights.
Ultimately, it’s for the Senedd to make laws and it should be the Senedd’s decision to repeal or amend unjust laws – but it wouldn’t hurt to have a circuit breaker if needed.
The number of judges presiding in each case would depend on the seriousness. As in the Republic of Ireland, Supreme Court judges could sit as benches of 3, 5 or 7 members, though the most serious cases – like considering the constitutionality of a law, government action or proposed constitutional amendment – could require at least 5 judges.
Decisions would be by a simple majority vote, though judges who vote against a decision would be able to register dissenting opinions.
You would assume a Welsh Supreme Court would be headquartered in Cardiff, but would move around to hear cases.
Putting it all together, the court system of an independent Wales could look something like this:
