comparative approaches: US vs UK Judiciary

Question 1

Powers of UK SC

Answer 1

Final Court of appeal for all Uk civil court cases

Constitution is not judiciable so court cannot challenge Parlaiments ability to make/change statute law

JR allows actions of the exec to be called ‘ULTRA VIRES’

Question 2

Powers of US SC

Answer 2

Final Court of appeal for federal cases and appeals fom individual state SC

Constitution is judiciable so court can decide is actions of the gov are ‘unconstitutional’

JR allows action of the eec to be called unconstitutional-> can reverse exec orders

Question 3

Independence of UK SC

Answer 3

Appointements are processed by JAC

Protected from political pressure as salary and tenure is secure

Nature of cases sude for or gainst the exec so judicial neutrlity can be questioned

Question 4

Independence of US SC

Answer 4

Appointments are selected by the Pres and ratified by the senate which could have partisan advantages

Protected from political pressure as salary and tenure is secure.

Question 5

Protection of rights through UK SC

Answer 5

Enshrinement of the HRA means that human rights are protected effectively

Acts of Parliament can overrule the SC inc repeal of the HRA

Question 6

protection of rights through US SC

Answer 6

if civil liberties are under threat from congress/sec then SC can overrule

entrenched nature of the constitutions means rights are protected through a rigourous amendment process

Question 7

Interest group impact on UK SC

Answer 7

Focus more on lobbying Parliament as its Acts affect human rights

Question 8

Interest Group impact on US SC

Answer 8

SC cases have been sponsored by groups like NAACP binging race issues to light