Judiciary In The USA And UK Flashcards
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How do appointments in US and UK differ?
US: nominated by President, then hearing, then debate, then vote in senate
UK: Committee appointment, nominate person, then Lord Chancellor, then PM, then Monarch
What are the US and UK Judiciary origins?
US: Article 3 created supreme court, separated by codified constitution
UK: 2005, opened in 2009, removed law lords and law chancellor, new independent body
How representative are the judiciaries?
US: fairly, 9 justices 2 racial minorities (Clarence Thomas and Sonya Sotomaya)
UK: Not really, 12 members, all white 3 women
Are the Judiciaries independent?
UK: separate commission recommends candidate then head chooses, head is political (lord chancellor), Peter Hain critised Supreme court, judge wages decided by public body, leave at 70
US: Separation of powers, tenure, Nixon v United States 1974 showed power over executive, can be critised by executive (Obama 2010 didn’t like not capping election spending)
What general powers do they have?
US: Judicial review (Marbury v Madison 1803) interpret Constitution, make laws by overturning old (‘soft laws’)
UK: Judicial Review, review spending and decisions by public bodies, can’t override Parliamentary sovereignty
Powers over executive?
US: Can declare acts unconstituional (Trump travel ban, stop Muslims from certain countries coming to US)
UK: Ultra vires ‘going beyond ones power’ ruling PM or minister action beyond power
What is the Supreme court?
Highest court that interprets the constitution
Judicial independence
Not politically bias
Judicial Neutrality
Not personally bias
Importance of ultra vires
EU law must be incorporated (Factortame 1990 Britain can not stop EU member state fisherman fishing in their waters)
