The New Supreme Court

...replaces the House of Lords as the highest court in our domestic hierarchy this year. The Supreme Court will sit for the first time in October 2009.

Radio 4 had an interesting discussion of the possible impact of this new institution this week - listen here. (Only available for 6 more days on iPlayer).

The BBC discuss fears over the court's new role here. Have a look at some stunning photos of the new building here, and read a potted history of the Law Lords.

Government can fix a prisoner's release date, not the courts!

So says this story from the Times, reporting the case of R (Black) v Secretary of State for Justice (2009). However one of the Law Lords, Lord Phillips (the Lord Chief Justice, no less), disagreed.

Article 5.4 of the European Convention on Human Rights states that a detained person has the right to have the lawfulness of that detention determined by a court.

Despite this the Court ruled that the executive (in the shape of the Secretary of State for Justice, Jack Straw, pictured) can decide the release date of a prisoner if it wants to.

Read the full judgment here.

Two questions:

1. Can this be argued to be contrary to the idea of separation of powers?
2. Might the Secretary of State for Justice take decisions in a politically biased way?