comparing the supreme court and protection of rights between US and UK 4.6 Flashcards
how does the appointment process for supreme court justices work in the US
- nine members
- nominated by the President
- confirmed by the Senate, and serve for life “during good behaviour.”
- no mandatory retirement age.
describe the diversity in the US supreme court
- 4/9 justices are women.
- Clarence Thomas is a Black American.
- Sonia Sotomayor is Hispanic.
how is the appointment process in the US seen as ‘politicised’
- presidents and senators typically choosing justices who share their judicial philosophy.
EXMAPLES: - Neil Gorsuch
- Brett Kavanaugh
- Amy Coney Barrett
(all appointed by President Trump.)
how does the appointment process for supreme court justices work in the US
-12 members of the UK Supreme Court
- nominated by a non-partisan, non-political special commission by the Lord Chancellor.
- NOT AS POLITICISED AS US
what is one disadvantage of the UK supreme court appointment process
- parliament has no role in scrutinising or confirming appointments.
- new appointments to the UK Supreme Court are less high-profile compared to the US.
how is retirement challenged in the UK, which is not as prominent in the US ( and how is diversity seen in the UK supreme court)
- judges appointed before 1995 can stay until 75
- newer appointments must retire at 70.
- Of the 29 judges who have served, only three have been women.
- None have been from minority ethnic groups.
compare the differnces between the US and UK NORMAL courts
UK:
- 25% of judges are women
- 5% were from minority ethnic groups.
US:
- over one-third are women
- 14% are from minorities.
how can justices be removed from office in the US
removed by impeachment (never successfully completed)
how can justices be removed from office in the UK
removed by the monarch following an address by both houses of Parliament (but this has never happened.)
how is powers and influence seen in the UK supreme court
The UK Supreme Court is the final domestic court of appeal and an important political actor.
what are some of the powers of the supreme court in the UK
- appeals on important points of law for the whole of the UK
- hears cases on devolution matters under:
the Scotland Act (1998)
the Northern Ireland Act (1998)
the Government of Wales Act (2006).
Can the UK Supreme Court Overrule Parliament?
no
philip norton’s quote of the UK supreme court
UK judiciary lacks the power to strike down an Act of Parliament.
Judicial Activism and Ultra Vires
- US judicial activism centers on declaring Acts of Congress unconstitutional.
- UK judicial activism centers on declaring actions of ministers ultra vires (beyond their legal powers).
Structural Differences in Political Systems
- UK: parliamentary sovreignity = UK SC does not have immense power over it
- US: can strike down any law from congress
UK Supreme Court’s Impact on Government actions
ultra vires = forces the government to back down (similar to the effect of striking down laws.)
when was a time were the power of the executive was limited in the UK
Boris Johnson’s Prorogation of Parliament (2019)
The UK Supreme Court declared Prime Minister Boris Johnson’s prorogation of Parliament unlawful, leading him to recall Parliament.
when was a time were the power of the executive was limited in the UK
Trump’s Allegations of Voter Fraud (2020)
whole situation with Georgia and swapping the votes
Powers and Roles Comparison: US vs UK Supreme Courts
US Supreme Court :
- the final court of appeal for federal cases
- hears appeals from state supreme courts.
- rules on the constitutionality of laws and actions.
UK Supreme Court :
- the final court of appeal for all UK civil cases
- for criminal cases in England, Wales, and Northern Ireland.
- interpret laws and declare actions ultra vires.
how does the two differ when it comes to what they rely off of when deeming things ultra vires
- UK = subject to the ECHR
- US = supreme authority in matters of rights and liberties.
