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
