Examine the features of the US and the UK Supreme Courts designed to ensure independence from political influence- 12 marks.

Question 1

What are the 3 factors?

Answer 1

Separation of power.
Checks + balances.
ECHR.

Question 2

USA AND UK: Where do both the US and UK have a separation of powers?

Answer 2

Between the Supreme Court, legislative and executive branches.

Question 3

USA: does the constitution have a loose or strict interpretation of separation of powers? What does this allow?

Answer 3

Strict.
Not 1 branch may exercise the power of another, nor 1 person be a member of any 2 branches.

Allows a system of checks and balances between branches.

Question 4

USA: What can parts of government do regarding laws?

Answer 4

Congress (legislative): debate/create laws.
President (executive): veto/implement laws.
Supreme Court (judicial): declare laws unconstitutional.

Question 5

USA: Provide an example where the Supreme Court ruled a law unconstitutional.

Answer 5

1954 Brown v Board of Education.
Ruled separating kids in public schools due to race was unconstitutional.

Question 6

UK: When and what law made a distinct constitutional separation between the legislature and judiciary? What did it include?

Answer 6

2005 Constitutional Reform Act.

Established clearer boundaries between government branches.

Included: barred ministers from trying to influence decisions through any special access to judges.

Question 7

UK: What can parts of government do with laws?

Answer 7

HOC/HOL (legislative): check executive.
PM (executive): make decisions on government’s behalf.
Supreme Court + others (judicial): ensure laws are applied fairly.

Question 8

Which Supreme Court is older?

Answer 8

USA’s

Question 9

USA: Where are checks and balances outlined?

Answer 9

In the constitution.

Question 10

USA: How do checks and balances help the Supreme Court?

Answer 10

Prevents Supreme Court from being dominated by legislative/executive influence.

Question 11

USA: What can the judicial branch do to the executive branch?

Answer 11

The judicial branch can declare executive acts unconstitutional.

Question 12

USA: Provide an example on how checks and balances stops 1 branch being too powerful.

Answer 12

The legislative branch can impeach the president if acting out of power.

Question 13

UK: Are checks and balances formally entrenched?

Answer 13

No, they are not formally entrenched.

Question 14

UK: How do checks and balances not being formally entrenched affect how it can be influenced?

Answer 14

Compare to USA. More subject to influence.

The appointment process is less scrutinised than the USA.

Question 15

UK: Why do some argue the constitution is centralised?

Answer 15

As checks and balances are weak/ineffective.

Question 16

UK: Provide an example where a Prime Minister didn’t need to worry about defeat.

Answer 16

1997 Tony Blair- had a 179 seat majority.
Could introduce policies without worrying about defeat.

Question 17

UK: How can checks and balances be altered?

Answer 17

Without a formal constitutional amendment.

Question 18

USA AND UK: How is the overruling of the Supreme Court limited?

Answer 18

Neither Supreme Court can be directly overruled or have their decisions overturned by lower courts, and the legislative/executive branches.
They can make rulings without considering potential appeals.

Question 19

USA: The Supreme Court is the highest court in land. What does this mean?

Answer 19

Can’t be overruled by any other court.

Question 20

UK: Where can Supreme Court rulings be challenged?

Answer 20

In the European Convention of Human Rights (ECHR).

Question 21

UK: Provide an example where the ECHR has recently challenged the Supreme Court.

Answer 21

2022 Big Brother Watch v UK.
ECHR found some aspects of the UK mass surveillance regime to violate privacy rights and freedom of expression under the ECHR.

Question 22

USA AND UK: Which Supreme Court is more independent and why?

Answer 22

USA Supreme Court is more independent.
Cannot be overruled except decisions made by later courts.

UK Supreme Court can/is overruled by ECHR appeals.