Comparing The Judiciaries: Relative Independence Of The US and UK Judiciaries

Question 1

What is essential for the rule of law?

Answer 1

An independent judiciary

Question 2

What are cases from both courts that showed judicial independence?

Answer 2

‘United States V Texas (2016)’ which struck Obama’s executive order giving millions of illegal immigrants an indefinite delay in deportation
‘R (on the application of The Public Law Project) V Lord Chancellor (2016)’ ruled tear the Lord Chancellor was acting ultra vires by imposing a residence test for legal aid

Question 3

What is an case that was a clear example of judicial politicisation, something which happens a lot less in the UK>

Answer 3

Bush V Gore (2000)

Question 4

What is evidence that the US Supreme Court justices can act independently?

Answer 4

The president has no influence over judges once appointed
Justice may rule abasing the political interest of those who appointed them, like in ‘Trump V Vance (2020)’
2 of Bushes justices became part of the liberal wing of the court
The court does not always split into ideological lines

Question 5

What can put pressure on both courts?

Answer 5

Political and public pressures, like from politicians and the media