Comparing The Judiciaries: Theoretical Approaches To The Judiciaries

Question 1

What are some structural similarities that are critical to judicial independence between the two countries court?

Answer 1

Security of tenure allows justices to make independent judgements
Separation of power gives the judiciaries independence form the other two branches of government

Question 2

What are structural differences between the two judiciaries?

Answer 2

Entrenched ‘fundamental laws’ in the US Constitution have produced a more powerful judiciary than in the UK, the US Court may use its interpretative powers for judicial activism if it wishes
Parliamentary sovereignty limits the power of the UK Supreme Court, as it cannot override parliament, in contrast the sovereignty of the US Constitution means that its Supreme Court can strike down laws passed by Congress
Appointing US justices is a political process, which leads to more politicised and higher-profile US justices, UK justices are independently appointed and do not have am oniouvous political leaning

Question 3

Why do judges have to make judgements based on their personal analysis?

Answer 3

As the law is not always clear and the meaning is often difficult to determine

Question 4

Why are decision often a lot more controversial by the US courts than in the UK?

Answer 4

They are more political decisions

Question 5

What is an example of both countries executives trying to control their judiciaries?

Answer 5

In the US Trump appointed unprecedented numbers of appeal court judges and choosing more conservative candidates than previous Republican president, while Johnson appointed an attorney general, Suella Braverman, who had argued that parliament needed to ‘take back control’ from the judiciary

Question 6

What can we compare rationally between the two nations courts?

Answer 6

The role of individuals acting to advance their interest or personal preferences

Question 7

What can we compare cultural between the two nations courts?

Answer 7

The role of shared ideas and culture

Question 8

What do both cultures prize?

Answer 8

The rule of law and judicial indepdence

Question 9

What has been on the rise in both nations, who have heavily criticised the judiciary?

Answer 9

Populists