Differences Flashcards

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1
Q

(1) Name one difference between the US and UK Supreme Court…

(CLUE: Location)

A

The location of SOVEREIGNTY is vastly different

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2
Q

The location of Sovereignty is vastly different for the US and UK Supreme Court. What does this affect?

A

This affects the IMPACTS the Courts have

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3
Q

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 ?

A

Constitutional Sovereignty

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4
Q

What does Constitutional Sovereignty mean / mean for the US Supreme Court?

A
  • 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
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5
Q

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 ?

A

Parliamentary Sovereignty

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6
Q

What does Parliamentary Sovereignty mean/ what does it mean for the UK supreme court?

A
  • 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)
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7
Q

(2) Name one difference between the US and UK Supreme Court

CLUE:Impact

A

The BREADTH OF IMPACT in the US Supreme Court is far wider than in the UK

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8
Q

Explain how the US supreme court has a bigger breadth of impact (in regard to the upholding of rulings)

A
  • 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)
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9
Q

Explain how the UK supreme court has a smaller breadth of impact (in regard to the upholding of rulings)

A
  • 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
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10
Q

Explain how the US supreme court has a wider breadth of impact (in regard to impact on gov’t policy)

A
  • 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
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11
Q

Explain how the UK supreme court has a smaller breadth of impact (in regard to impact on gov’t policy)

A
  • 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
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