Differences Flashcards
(1) Name one difference between the US and UK Supreme Court…
(CLUE: Location)
The location of SOVEREIGNTY is vastly different
The location of Sovereignty is vastly different for the US and UK Supreme Court. What does this affect?
This affects the IMPACTS the Courts have
The Locations of Sovereignty in the US and UK Supreme Courts are vastly different. Where is sovereignty located in the US / What’s the sovereignty called ?
Constitutional Sovereignty
What does Constitutional Sovereignty mean / mean for the US Supreme Court?
- the US Constitution is sovereign
- the US Supreme Court was created by the constitution
- the US interprets this document therefore the rulings have the effect of being SOVEREIGN
- this makes them DIFFICULT to ignore, overturn
- this means the court has extensive power
The Locations of Sovereignty in the US and UK Supreme Courts are vastly different. Where is sovereignty located in the UK / What’s the sovereignty called ?
Parliamentary Sovereignty
What does Parliamentary Sovereignty mean/ what does it mean for the UK supreme court?
- sovereignty lies in parliament
- while parliament can CHOOSE to SHARE this sovereignty, it can also take it back
- the UK Supreme Court was only set up via an act of Parliament (The Constitutional Reform Act 2005), therefore Parliament can remove it
- therefore the UK supreme court can be ignored by Parliament given it’s sovereignty (UK SC less powerful)
(2) Name one difference between the US and UK Supreme Court
CLUE:Impact
The BREADTH OF IMPACT in the US Supreme Court is far wider than in the UK
Explain how the US supreme court has a bigger breadth of impact (in regard to the upholding of rulings)
- the overturning of US Supreme Court rulings proves extremely difficult
-EG of the more than 25,500 decisions handed down by the supreme court only 146 have been overturned (less than one half of one percent)
Explain how the UK supreme court has a smaller breadth of impact (in regard to the upholding of rulings)
- UK Supreme Court can be overruled by passing a new act of parliament
-this is due to the FUSED NATURE of UK powers, so it should be relatively easy
Explain how the US supreme court has a wider breadth of impact (in regard to impact on gov’t policy)
- US Supreme Court impacts US policy/ gov’t policy quite significantly
-due to their more political role; the Justices are much more easily divided into ‘conservative’ or ‘liberal’ justices than UK ones, referencing the impact they have on gov’t policy
Explain how the UK supreme court has a smaller breadth of impact (in regard to impact on gov’t policy)
- the extent of the impact on gov’t policy is far more limited
-this is due to its age (being established in 2009) so there is a lack of time to rule on cases