Compare: UK vs US Supreme Court Flashcards
2
Describe the differences in the basis of power between the UK and US SCs
- US Constitution is sovereign → interpretative amendments have effect of being sovereign → difficult to circumvent rulings
- Sovereignty resides in Parliament so can take it back → SC set up by Act of Parliament → SC circumvented
3
Describe the similarities in power between the SCs
- judicial review effective: political sovereignty in UK, legal sovereignty
- Rulings can be met with outrage from elected bodies, but rulings still followed
- Both SCs can interpret constitution and new precedent
2
Describe the differences between the extent of power of the SCs
- UK SC can be overruled by new Act of Parliament (fused powers)
- Overturning US SC ruling more difficult (separated powers), so weaker than UK court
3
Describe the similarities in SC independence
- Separation of powers in both
- Neither SC can be overruled by lower courts
- Removal of SC justices carried out by political bodies rather than judicial colleagues (done by monarch after address by both houses of Parliament in UK)
5
Describe the differences in SC independence
- Difference in appointment process
- Difference in funding
- Judicial issues conflated with political philosophies in US vs UK judges lack political understanding of personal ideologues
- Constitution ensures checks and balances in US vs not formally entrenched in UK
- UK SC cases challenged by ECHR vs US SC highest appelate court
3
Describe the funding of the US SC
- $88m budget (2021)
- Can operate with judicial clerks
- Free of concern it may lose funding to decisions disliked by government
3
Describe the funding of the UK SC
- £12m (2017)
- Ministry of Justice in theory holds greater ability to influence rulings through altering funding
- Therefore weakens independence
3
Describe the similarities in the effectiveness of rights protection
- Both have rights protections in constitutions - HRA and Bill of Rights
- Legislation passed in both nations to further rights protection - Emmett Till and Gender Recognition Bill
- Both executives attempted to circumvent rights protection - Biden vaccine mandate and PCSC 2022
3
Describe the differences in the effectiveness of rights protection
- Location of sovereignty: US SC can strike down congressional law/presidential action that contravenes rights vs easier to circumvent rulings in UK
- UK court has greater breath of laws to interpret vs US SC bound by constitution
- US highest appellate court vs UK SC significance limited by ECHR
3
Describe the similarities in the effectiveness of interest groups in the protection of civil rights
- Can both bring cases to SC e.g. NFIB, Miller (crowdfunded)
- Both have multiple access points (judiciary, parliament, regional bodies)
- Both used media to promote rights
3
Describe the differences in the effectiveness of interest groups in the protection of civil rights
- US interest groups have greater number of accepted methods of influence over ruling - amicus curie briefs vs restricted to media in UK
- Interest groups campaign for/against candidates (e.g. Jackson - black interest groups) vs strictly non-political process in UK
- Independent JAC nominates candidates in UK vs ABA holds limited influence
5
Examine how interest groups in the USA are more effective at protecting civil rights than pressure groups in the UK
2019 paper - just to show structure/how to answer
- Federal nature provides greater access points (lobbying at multiple levels, SC) in US
- Can submit amicus curie briefs in US to SC + can strike down law
- Iron triangle in US vs Register of Members’ Interests in UK
- More able to use lobbying and electoral funding in US vs strict regulation in UK
- Lack of party discipline provides greater opportunity for US interest groups to influence political agenda vs controlled by executive in UK
