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US Politics - final > Chapter 4 - 7/7 - Comparing the UK and US Supreme Courts > Flashcards

Chapter 4 - 7/7 - Comparing the UK and US Supreme Courts Flashcards

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1
Q

Who nominates US Supreme Court Justices?

A

The president

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2
Q

Who nominates the UK Supreme Court Justices?

A

A non-partisan and non-political commission convened by the Lord Chancellor - they suggest and the nomination.

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3
Q

Which Supreme Court appointment process is politicised, the US or the UK?

A

The US. The UK’s is apolitical.

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4
Q

Does Parliament have a say in the appointments to the UK Supreme Court?

A

No, whereas the Senate must confirm all US Supreme Court appointments.

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5
Q

When must a justice retire in the UK Supreme Court?

A

At 75 years old; in the US they have life tenure.

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6
Q

How many Justices sit on the US and UK Supreme Courts?

A

9 in the US; 12 in the UK

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7
Q

How many of the UK Supreme Court justices hear each case compared to the US?

A

Only about 5/12 hear the cases in the UK, whereas all 9 US Justices must hear their cases.

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8
Q

How can Justices be removed in both the UK and US?

A

Impeachment and trial by the House and Senate; petition to the monarch from both houses of Parliament - neither have ever happened.

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9
Q

Can the UK Supreme Court strike down a law passed by Parliament like the US Supreme Court can?

A

No - Parliamentary sovereignty prevents this.

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10
Q

What does the UK Supreme Court have the power to do?

A

Interpret the meaning of the law, a power the US also has.

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11
Q

What can the UK Supreme Court declare the actions of the exective?

A

Ultra vires - beyond the powers granted by an Act of Parliament.

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12
Q

Who is legally sovereign?

A

Parliament

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13
Q

What did the case of R(Miller) v The Prime Minister do?

A

Declared Boris Johnson’s prorogation of Parliament as unlawful.

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14
Q

When was R(Miller) v The Prime Minister?

A

2019

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15
Q

What are the powers of the US and UK Supreme Courts?

A
  • 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.
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16
Q

Is the UK Supreme Court the highest authority on the rulings of all legal matters?

A

No, the European Court of Human Rights is higher.

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17
Q

How is judicial independence protected in both countries?

A
  • Immunity from prosecution for anything they do in carrying out their work as judges.
  • Salaries are protected.
18
Q

How are US Justices protected from political pressure?

A
  • Life tenure
  • Protected salaries
19
Q

What does the case of United States v Nixon demonstrate?

A

The willingness of the Supreme Court to act independently.

20
Q

What did the Justices’ rule in United States v Nixon decide?

A

That Nixon’s claim of executive privilege in withholding material related to Watergate was not constitutional.

21
Q

What did the US Supreme Court refuse to do in 2020?

A

Hear a case relating to Trump’s claims of voter fraud and having the election stolen from him.

22
Q

What used to undermine the independence of the UK Supreme Court?

A

The fact it was just the Law Lords that formed a committee of the House of Lords.

23
Q

What undermined the independence of the Lord Chancellor?

A

They were head of the judiciary, presiding officer of the Lords, and sat in the cabinet - part of all 3 branches of government.

24
Q

What example is there of the UK Supreme Court declaring government’s actions ultra vires and incompatible with the HRA?

A

2004 Belmarsh Case

25
Q

How did Johnson label the Supreme Court’s ruling in R(Miller) v The Prime Minister, 2019?

A

He “profoundly disagreed”, but accepted it nonetheless.

26
Q

What protects the rights of citizens in the US?

A

The Constitution and the Bill of Rights, plus later Acts of Congress such as the Civil Rights Act 1964.

27
Q

How can the judiciary protect rights in the UK?

A
  • Judicial review
  • Ultra vires
  • Human Rights Act
  • Common law
  • Judicial inquiries
28
Q

What is the significant difference in the protection of rights in the UK and US?

A

They are not entrenched in the UK.

29
Q

What does the protection of rights reflect in each country?

A

Where ultimate authority lies.

30
Q

Which interest group brought the landmark civil rights case Brown v Board of Education (1954) through the courts?

A

National Association for the Advancement of Colored People (NAACP)

31
Q

What is the NAACP?

A

National Association for the Advancement of Colored People

32
Q

What interest group seeks to promote the issue of gun rights?

A

National Rifle Association (NRA)

33
Q

What two interest groups seek to promote the interests of ethnic minorities?

A
  • Black Lives Matter
  • NAACP
34
Q

What can interest groups do with regards to legal cases, other than sponsoring a case?

A

Submit a ‘amicus curiae’ brief.

35
Q

What is an ‘amicus curiae’ brief?

A

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.

36
Q

What does ‘amicus curiae’ literally mean?

A

‘friend of the court’

37
Q

Who is the ACLU?

A

American Civil Liberties Union

38
Q

What is the ACLU?

A

A controversial interest group that seeks to defend civil rights through the courts.

39
Q

Whose rights have the ACLU defended that make them controversial?

A

Groups such as American Nazis, the Ku Klux Klan, and BLM.

40
Q

What does the ACLU say about its defence of rights for both sides of the political spectrum?

A

“We do not defend them because we agree with them; rather, we defend their right to free expression”

41
Q

What is the UK’s counterpart to the ACLU?

A

Liberty

42
Q

What issues do Liberty campaign on?

A
  • Asylum seekers’ rights
  • Torture
  • Refugees

US Politics - final (29 decks)

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