Base (origin) Of Powers

Question 1

What was the US SC created by

Answer 1

-article 3 of constitution est US SC + gave it ‘judicial power of the US’
-SC powers came from constitution with the exception of judicial review of the legislature high the court awarded itself by striking down 1803 act of Congress

Question 2

What was the UK SC created by

Answer 2

-act of parl - the CRA 2005
-SCs powers given to it by parl but the two institutions are separate + independent

Question 3

How is the UK SC power of judicial review different to the US

Answer 3

-Uk SC judicial review much more limited as it cannot rule act of parliament as unconstitutional only incompatible

Question 4

What is the impact of uncodified on the UK

Answer 4

-UK SC reviews legal precedent (previous laws made by judges) + decided how it applies to new cases
-considered parts of Br constituency they are written like HRA 1998 alongside conventions + common law (law from precedent + tradition + not parl statute)
-UK defer to parl intentions when interpreting laws

Question 5

How is this contrasted in the US SC

Answer 5

-codified - single document giving US SC stringer basis for its power as it doesn’t need to take wishes of Congress into account when interpreting law