JUDICIAL BRANCH Flashcards
Supreme Courts of the US and
UK – which is more powerful?
===US is more powerful due to judicial review being more influential due to the constitutional sovereignty provided.(EVIDENCE=Shelby v Holder 2013 overturns voting rights and brown vs board 1953) Uk is not powerful due to parliamentary sovereignty.
However UK is much more powerful because of upholding the twin pillars of the constitution 2019 prorogation of parliament)
===Secondly US is more powerful due to there being landmark decisions which acts as a check and balance on other branches due to entrenched nature of the constitution. HARD TO CHANGE A COURT DECISION.
However this is not always the case because of high experience of UK JUDGES being abke to be independant and raise politicans accountable.
===Finally they are the same because of constitutional ambugity which means that legaslating from the bench can happen and also there can be too much power by judges as they are not placed into their place democratically. AS seen by conservative majority of 6-3 USA
However UK is a new court o its developing as seen by constitutional reform act
Key US Judical cases and results?
=Roe vs Wade 1973
=Brown vs Board 1954
=Obergefell vs hodges 2015
=Biden vs Nabraska 2023 which overturned Biden’s student debt forgiveness programme
=NFIB v Department of Labour 2022 -
overturned President Biden’s policy which required all workers in a large company to
have a vaccine.
=Shelby v Holder 2010-overturned clause 4 in the voting rights act 1965
=Homeland vs Texas 2024-SC ruling favouring federal governments over states.Where texas told federal law still applies to immigration policies and the razor wires not being put up.
