comparing thesupreme court and protection of rights between US and UK 4.6

Question 1

Comparing Membership and Powers of Supreme Courts

Answer 1

There are more differences than similarities between the US and UK Supreme Courts regarding appointments, membership, and tenure of justices.

Question 2

US Supreme Court Appointments

Answer 2

• The nine members of the US Supreme Court are nominated by the President, confirmed by the Senate, and serve for life “during good behaviour.”
• There is no mandatory retirement age.

Question 3

Diversity in US Supreme Court

Answer 3

• Three of the nine justices are women.
• One justice (Clarence Thomas) is a Black American.
• Another justice (Sonia Sotomayor) is Hispanic.

Question 4

Political Influence in US Supreme Court Appointments

Answer 4

• The appointment process is politicized, with Presidents and Senators typically choosing justices who share their judicial philosophy.
• Examples include Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett appointed by President Trump.

Question 5

UK Supreme Court Appointments

Answer 5

• The 12 members of the UK Supreme Court are nominated by a non-partisan, non-political special commission convened by the Lord Chancellor.
• The process lacks the politicization of the US counterpart.

Question 6

Scrutiny of UK Supreme Court Appointments

Answer 6

• Parliament has no role in scrutinizing or confirming appointments.
• New appointments to the UK Supreme Court are less high-profile compared to the US.

Question 7

Retirement and Diversity in UK Supreme Court

Answer 7

• 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.

Question 8

Diversity Comparison: US vs UK

Answer 8

• In 2016, 25% of judges in England and Wales were women, and 5% were from minority ethnic groups.
• In US federal courts, over one-third are women, and around 14% are from minorities.

Question 9

Removal from Office: US Supreme Court

Answer 9

• US Supreme Court justices can only be removed by impeachment, a procedure never successfully completed.

Question 10

Removal from Office: UK Supreme Court

Answer 10

A UK Supreme Court judge could be removed by the monarch following an address by both houses of Parliament, but this has never happened.

Question 11

Significant Power of the US Supreme Court

Answer 11

• Marbury v Madison (1803) for federal laws (judicial review)
• Fletcher v Peck (1810) for state laws.

Question 12

Role of Judicial Review

Answer 12

Judicial review gives the US Supreme Court its stature among the three branches of the federal government.

Question 13

UK Supreme Court: Powers and Influence

Answer 13

The UK Supreme Court is the final domestic court of appeal and an important political actor.

Question 14

Powers of the UK Supreme Court

Answer 14

• the UK Supreme Court hears appeals on important points of law for the whole of the UK
• It also hears cases on devolution matters under the Scotland Act (1998), the Northern Ireland Act (1998), and the Government of Wales Act (2006).

Question 15

Can the UK Supreme Court Overrule Parliament?

Answer 15

No, the UK Supreme Court cannot overrule or strike down an Act of Parliament

Question 16

Philip Norton’s View on UK Judiciary

Answer 16

Under parliamentary sovereignty, the UK judiciary lacks the power to strike down an Act of Parliament.

Question 17

Power Over Executive Actions

Answer 17

Both the US and UK Supreme Courts share some power over the actions of the executive branch.

Question 18

Judicial Activism and Ultra Vires

Answer 18

• 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).

Question 19

Structural Differences in Political Systems

Answer 19

The structural differences in political systems explain why the UK Supreme Court cannot strike down Acts of Parliament like the US Supreme Court can with Acts of Congress.

Question 20

UK Supreme Court’s Impact on Government

Answer 20

Declaring government actions ultra vires forces the government to back down, similar to the effect of striking down laws.

Question 21

Boris Johnson’s Prorogation of Parliament (2019)

Answer 21

The UK Supreme Court declared Prime Minister Boris Johnson’s prorogation of Parliament unlawful, leading him to recall Parliament.

Question 22

Trump’s Allegations of Voter Fraud (2020)

Answer 22

The US Supreme Court refused to entertain unproven allegations of voter fraud in states like Georgia, which voted for Biden, ending Trump’s claims.

Question 23

Powers and Roles Comparison: US vs UK Supreme Courts

Answer 23

• The US Supreme Court is the final court of appeal for federal cases and hears appeals from state supreme courts.
• The UK Supreme Court is the final court of appeal for all UK civil cases and for criminal cases in England, Wales, and Northern Ireland.
• The US Supreme Court rules on the constitutionality of laws and actions.
• The UK Supreme Court can interpret laws and declare actions ultra vires.

Question 24

European Court of Human Rights

Answer 24

The UK Supreme Court can be subject to the European Court of Human Rights, unlike the US Supreme Court, which is the supreme authority in matters of rights and liberties.