Chapter 4 - 7/7 - Comparing the UK and US Supreme Courts Flashcards
Who nominates US Supreme Court Justices?
The president
Who nominates the UK Supreme Court Justices?
A non-partisan and non-political commission convened by the Lord Chancellor - they suggest and the nomination.
Which Supreme Court appointment process is politicised, the US or the UK?
The US. The UK’s is apolitical.
Does Parliament have a say in the appointments to the UK Supreme Court?
No, whereas the Senate must confirm all US Supreme Court appointments.
When must a justice retire in the UK Supreme Court?
At 75 years old; in the US they have life tenure.
How many Justices sit on the US and UK Supreme Courts?
9 in the US; 12 in the UK
How many of the UK Supreme Court justices hear each case compared to the US?
Only about 5/12 hear the cases in the UK, whereas all 9 US Justices must hear their cases.
How can Justices be removed in both the UK and US?
Impeachment and trial by the House and Senate; petition to the monarch from both houses of Parliament - neither have ever happened.
Can the UK Supreme Court strike down a law passed by Parliament like the US Supreme Court can?
No - Parliamentary sovereignty prevents this.
What does the UK Supreme Court have the power to do?
Interpret the meaning of the law, a power the US also has.
What can the UK Supreme Court declare the actions of the exective?
Ultra vires - beyond the powers granted by an Act of Parliament.
Who is legally sovereign?
Parliament
What did the case of R(Miller) v The Prime Minister do?
Declared Boris Johnson’s prorogation of Parliament as unlawful.
When was R(Miller) v The Prime Minister?
2019
What are the powers of the US and UK Supreme Courts?
- Both the final court of appeal.
- US can declare both Acts and actions as unconstitutional and strike it down; the UK cannot do that but interpret law and declare something ultra vires.
- The UK can issue a ‘declaration of incompatibility’ if a law contradicts the Human Rights Act.
Is the UK Supreme Court the highest authority on the rulings of all legal matters?
No, the European Court of Human Rights is higher.
How is judicial independence protected in both countries?
- Immunity from prosecution for anything they do in carrying out their work as judges.
- Salaries are protected.
How are US Justices protected from political pressure?
- Life tenure
- Protected salaries
What does the case of United States v Nixon demonstrate?
The willingness of the Supreme Court to act independently.
What did the Justices’ rule in United States v Nixon decide?
That Nixon’s claim of executive privilege in withholding material related to Watergate was not constitutional.
What did the US Supreme Court refuse to do in 2020?
Hear a case relating to Trump’s claims of voter fraud and having the election stolen from him.
What used to undermine the independence of the UK Supreme Court?
The fact it was just the Law Lords that formed a committee of the House of Lords.
What undermined the independence of the Lord Chancellor?
They were head of the judiciary, presiding officer of the Lords, and sat in the cabinet - part of all 3 branches of government.
What example is there of the UK Supreme Court declaring government’s actions ultra vires and incompatible with the HRA?
2004 Belmarsh Case
How did Johnson label the Supreme Court’s ruling in R(Miller) v The Prime Minister, 2019?
He “profoundly disagreed”, but accepted it nonetheless.
What protects the rights of citizens in the US?
The Constitution and the Bill of Rights, plus later Acts of Congress such as the Civil Rights Act 1964.
How can the judiciary protect rights in the UK?
- Judicial review
- Ultra vires
- Human Rights Act
- Common law
- Judicial inquiries
What is the significant difference in the protection of rights in the UK and US?
They are not entrenched in the UK.
What does the protection of rights reflect in each country?
Where ultimate authority lies.
Which interest group brought the landmark civil rights case Brown v Board of Education (1954) through the courts?
National Association for the Advancement of Colored People (NAACP)
What is the NAACP?
National Association for the Advancement of Colored People
What interest group seeks to promote the issue of gun rights?
National Rifle Association (NRA)
What two interest groups seek to promote the interests of ethnic minorities?
- Black Lives Matter
- NAACP
What can interest groups do with regards to legal cases, other than sponsoring a case?
Submit a ‘amicus curiae’ brief.
What is an ‘amicus curiae’ brief?
When someone not involved in a court case offers to assist the court by offering insights, expertise and information - it is up to the court to decide whether or not to accept.
What does ‘amicus curiae’ literally mean?
‘friend of the court’
Who is the ACLU?
American Civil Liberties Union
What is the ACLU?
A controversial interest group that seeks to defend civil rights through the courts.
Whose rights have the ACLU defended that make them controversial?
Groups such as American Nazis, the Ku Klux Klan, and BLM.
What does the ACLU say about its defence of rights for both sides of the political spectrum?
“We do not defend them because we agree with them; rather, we defend their right to free expression”
What is the UK’s counterpart to the ACLU?
Liberty
What issues do Liberty campaign on?
- Asylum seekers’ rights
- Torture
- Refugees
