COMPARATIVE POLITICS THE US AND UK JUDICIARIES Flashcards
similarities in the history of the UK and US supreme courts
both designed to be independent
Fully separate from other branches of gov
similarities in the selection and appointment of justices of the UK and US supreme courts
high scrutiny of the candidates
similarities in the characteristics of justices in the UK and US supreme courts
Experienced justices in both
Women and minorities under-representated in both
similarities in the tenure of justices of the UK and US supreme courts
Security of tenure in both
similarities in the judicial approach of the UK and US supreme courts
Some usa justices show judicial restraint like in UK
Differences in the history of the uk and Us supreme courts
UK - created in 2009 so recent
US - made with constitution so old
Differences in the selection and appointment of justices in the uk and Us supreme courts
UK - justices chosen by an independent committee, have requirements to be a judge
US - justices nominated by president and ratified by senate highly politicised, no requirements to join
Differences in the characteristics of justices of the uk and Us supreme courts
UK - only 1 UKSC member is a woman and no ethnic minorities
US - 4 USSC are women and 3 are ethnic
Differences in the tenure of judges in the uk and Us supreme courts
UK - justices retire by 70
US - HAve life tenure unless their impeached or retire
Differences in the judicial approach of the uk and Us supreme courts
UK - no interpretations just following law and ECHR
US - has judicial activism and act as a quasi-legislative body
Similarities in the impact of the two supreme courts
both made controversial rulings to state things unlawful
Both have ruled against laws passed by legislator
US vs UK impact of the supreme court in terms of laws
UK - parliament decides whether a law stands or not
US - Bigger impact as can strike down laws
US vs UK impact of the supreme court in terms of the executive
UK - Parliamentary sovereignty means executive more power and can pass legislation to make actions legal
US - executives can’t overrule apart from an amendment
US vs UK impact of the supreme court in terms of public policy
UK - can’t “legislate from the bench” but made important miller case ruling in 2019 over prorogation
US -USSC made major change with obergefell V hodges (2015) legalising gay marriage
US vs UK where supreme courts get it’s power
UK - a piece of legislation
US - Article 3 of constitution
US vs UK how scourt got power of judicial review
UK - given by legislation
US - Given when overrode marbury V madison 1803
US vs UK scout interpreting laws
UK - not all in one piece like US so has to see - HRA, conventions, common law
US - interprets the constitution
US vs UK striking down acts
UK - parliament is sovereign so uksc can’t
US - constitutional sovereignty so can strike down acts of congress
US vs UK not listening to scourts
UK - can just ignore UKSC, pass a new law, leave the ECHR
US - can only ignore if passed an amendment
Similarities of the two supreme court in their extent of powers
Both final courts of appeal
Both use judicial review
Both can rule against the government
Evidence of UKSC being independent
Justices have security of tenure
Independent from other branches of gov
Ruled against gov before
Independently elected and no poltiics
Evidence of UKSC being politicised
made controversial rulings - daily mail “enemies of the people” after saying gov needed permission from parliament to start brexit
politicians have occasionally criticised judges
evidence of USSC being independent
Life tenure
independent from other 2 branches of gov
ruled against gov - Ignore trumps rigged election claims
voted against the president that voted them - gorsuch and kavanaugh in trump V vance
Evidence USSC is politicised
Political appointments
Bush V Gore 2000 was highly controversial
Criticism of justices - Trump attack them over twitter in 2017, 2018
Justices can change their rulings to avoid criticism
Presidents pack the courts with similar views to theirs
Structural differences for the judiciaries
Codified constitution leads to a more powerful and activist gov than the UK
Similarities in tenures lead to independence
Parliamentary sovereignty in UK leads to a less powerful UKSC
Rational differences in the judiciaries
Individual differences between justices, voting preference, degree of politicisation
Judicial activist justices are present in the US court
Politicians have a role in criticising the judiciary and attempting to influence it
Cultural differences in the judiciaries
Both courts enjoy rule of law and judicial independence
Competing judicial restraint and activism in the US not in UK
USSC gives into Liberals VS conservatives whereas UKSC has a little interpretative role but was divisive over brexit case
