Differences (3) protection of rights/ breadth of law

Question 1

One more difference between UK and US supreme court

CLUE: protecting rights

Answer 1

Their ability to protect rights differ

Question 2

Their ability to protect rights differs, how does/ how can the US supreme court protect rights?

Answer 2

• The US supreme court has a wide ability to protect rights
• they can use; THE BILL OF RIGHTS/ AMENDMENTS
• these can strike down congressional laws and presidential acts that don’t protect rights
• and are able to interpret the constitution to recreate new rights (EG 2020; LGBT protection was found within the Civil Rights Act of 1964)
• ultimately, as the US supreme court is sovereign it has considerable power to do so

Question 3

Their ability to protect rights differs, how does/ how can the UK supreme court protect rights?

Answer 3

• the UK supreme court is less established in their role
• doesn’t have extensive power
• their rulings are easier to circumvent ( most simply by an act of parliament )

Question 4

(4) name another difference between the US and UK supreme court

CLUE: breadth of law

Answer 4

The breadth of law to interpret and protects rights differ

Question 5

The breadth of law to interpret and protects rights differ, how is it in the US?

Answer 5

• US supreme court is bound by the constitution
• this can allow for little interpretation (E.G as proved by the 2nd Amendment) / or conversely, requires considerable interpretation to be relevant (as seen in Carpenter V US)

Question 6

The breadth of law to interpret and protect rights differ, how is it in the UK?

Answer 6

• UK has a far greater breadth of law to interpret from
• E.G Human Rights Act, and Equality Act alone allow the court a much broader basis of to protect rights
• UK citizens can also appeal to the European Court of Justice , European Court of Human Rights
  (US SC is the final court of appeals)
  this somewhat limits the significance of the UK supreme court