Comparative side

Question 1

What does the UK make rulings based on?

Answer 1

Principle of judicial review (Ultra vires), natural justice, HRA and the precedence of previous cases

Question 2

What does the US make rulings based on?

Answer 2

Main power is judicial review- declaring laws unconstitutional (since Marbury v Madison in 1803)

Question 3

What is the difference in composition?

Answer 3

US has 9 with life tenure, UK has 12 up to age 70/75

Question 4

What limits judicial independence in US? (ideology)

Answer 4

President nominates justices with the same ideology, senate usually votes on party lines. For example, Amy Coney Barrett received no votes from democrats.

Question 5

What limits judicial independence in US? (political interference)

Answer 5

There can be political interference from politicians. For example Obama said it would be unprecedented if SC overruled Affordable Care Act in 2012 because of National Federation of Independent Business v Sebelius case

Question 6

What shows they are political? US

Answer 6

1) 2000 Bush v Gore, sided with Bush

2) 2014 McCutcheon v FEC about campaign funding

Question 7

What limits judicial independence in UK? (political interference)

Answer 7

Govt has criticised rulings, Theresa May in 2013 criticised the ruling to not deport foreign criminals