Impact On Government And Politics Flashcards
What is the impact of the US SC on culture and society
-US SC made important judgements on public policy
-e.g. Brown v Topeka 1954 leading to end of racial segregation in American south
-Roe v Wade 1973 legalisation of abortion
-Obergefell v Hodges 2015 made same sex marriage legal across USA
What is the impact of the UK SC on culture and society
-not made a comparable impact on culture or society or politics
-due to constitutional flexibility - UK uncodified meaning SC limited role shaping constitution + only interprets laws rather than creating new constitutional principles
-but US codified meaning SC interpret in ways that have sweeping implications for society like rights of individuals regarding Roe v Wade
What is the impact of the US SC on the executive and legislature
-US constitution is sovereign providing set of fundamental laws for justices to interpret when ruling on gov action or congress laws
-when make politically controversial judgements of how constitution be applied are accused ‘legislating from the bench’
What is an example of the US justices legislating from the bench
-Roe v Wade 1973
-critics argued by creating constitutional right to abortion SC created a new right not explicitly outlined in constitution - based in SC interpretation of 14th A due process clause as constitution doesn’t mention abortion directly
What is the impact of the UK SC on the executive and legislature
-not same as US as principle parl sovereignty gives SC narrower remit
-2 of SC most controversial judgements a defence of parl sov against gov action
What is an example of this regarding the UK
-R Miller v Sec of state for exiting EU 2017
-court found the gov couldn’t trigger article 50 (mechanism for UK leave EU) without parl approval
What is the impact of the US SC on federalism
-3 cases Brown v Topeka 1954, Roe v Wade 1973 + Obergefell v Hodges 2015 extended the scope of federal law at expense of states’ rights strengthening the power of federal gov
- B v T = asserted federal judiciary’s authority intervene in state laws + practices that violated constitutional principles regarding civil rights
What is the impact of the UK SC on devolution
-Withdrawal from EU (Scotland bill 2018) SC ruled the Scottish parl went beyond devolved powers by seeking write own laws for certain areas of EU law that were to be returned to the Uk after Brexit
-court rules sovereignty of parl meant Scottish parl could not exceed its powers granted in Scotland act 1998
