Examine the features of the US and the UK Supreme Courts designed to ensure independence from political influence- 12 marks. Flashcards
What are the 3 factors?
Separation of power.
Checks + balances.
ECHR.
USA AND UK: Where do both the US and UK have a separation of powers?
Between the Supreme Court, legislative and executive branches.
USA: does the constitution have a loose or strict interpretation of separation of powers? What does this allow?
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.
USA: What can parts of government do regarding laws?
Congress (legislative): debate/create laws.
President (executive): veto/implement laws.
Supreme Court (judicial): declare laws unconstitutional.
USA: Provide an example where the Supreme Court ruled a law unconstitutional.
1954 Brown v Board of Education.
Ruled separating kids in public schools due to race was unconstitutional.
UK: When and what law made a distinct constitutional separation between the legislature and judiciary? What did it include?
2005 Constitutional Reform Act.
Established clearer boundaries between government branches.
Included: barred ministers from trying to influence decisions through any special access to judges.
UK: What can parts of government do with laws?
HOC/HOL (legislative): check executive.
PM (executive): make decisions on government’s behalf.
Supreme Court + others (judicial): ensure laws are applied fairly.
Which Supreme Court is older?
USA’s
USA: Where are checks and balances outlined?
In the constitution.
USA: How do checks and balances help the Supreme Court?
Prevents Supreme Court from being dominated by legislative/executive influence.
USA: What can the judicial branch do to the executive branch?
The judicial branch can declare executive acts unconstitutional.
USA: Provide an example on how checks and balances stops 1 branch being too powerful.
The legislative branch can impeach the president if acting out of power.
UK: Are checks and balances formally entrenched?
No, they are not formally entrenched.
UK: How do checks and balances not being formally entrenched affect how it can be influenced?
Compare to USA. More subject to influence.
The appointment process is less scrutinised than the USA.
UK: Why do some argue the constitution is centralised?
As checks and balances are weak/ineffective.
UK: Provide an example where a Prime Minister didn’t need to worry about defeat.
1997 Tony Blair- had a 179 seat majority.
Could introduce policies without worrying about defeat.
UK: How can checks and balances be altered?
Without a formal constitutional amendment.
USA AND UK: How is the overruling of the Supreme Court limited?
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.
USA: The Supreme Court is the highest court in land. What does this mean?
Can’t be overruled by any other court.
UK: Where can Supreme Court rulings be challenged?
In the European Convention of Human Rights (ECHR).
UK: Provide an example where the ECHR has recently challenged the Supreme Court.
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.
USA AND UK: Which Supreme Court is more independent and why?
USA Supreme Court is more independent.
Cannot be overruled except decisions made by later courts.
UK Supreme Court can/is overruled by ECHR appeals.
