Relative Independence Of The UK + US Judiciaries Flashcards
What is judicial independence
-independent judiciary essential to both US + UK SCs as both systems encourage judges to be free from any external pressure, improper influence or interference
What does judicial independence allow
-allows for judges to make decisions solely on the law + to hold even the most powerful members of the gov to account
What are examples of this in the US
-US v Texas 2016 where SC struck down Obama’s executive order giving millions of illegal immigrants an indefinite delay in deportation
-this shows how the SC used independence from executive branch to rule against the executive as they saw fit
What is an example of this judicial independence in the UK SC
-R (on the protection of the public law project) v Lord Chancellor (LC) 2016 where SC ruled the LC acting ultra vires by imposing residence test for legal aid (state support with legal costs)
-extended powers given to LC + was discriminatory so SC challenged LC saying acting beyond their legal authority - showed independence from executive branch
What is judicial politicisation
-describes situation where judges drawn into politics compromising their neutrality as guardians of the law
When does politicisation happen
-when judges make controversial judgements that gain media attention + are criticised by politicians or media
-or of judgements re motivated by the own political beliefs as opposed to strict reading of the law
What are the two ways judicial politicisation threatens judicial independence
-politicised courts
-politician or public pressure
How are politicised courts seen in the US SC
-ability for pres to appoint either ‘lib’ or ‘cons’ justices means the SC usually has a political leaning
-Repub pres likely to be challenged fewer times by a cons-majority court than a lib-majority court
How is this type of politicisation different to the UK
-in UK judges rule on narrower basis of constitutional interpretation + their political views not a focus of public interest in same way
What is an example of the politicised courts in the US
-SC Bush v Gore 2000 where cons majority court ruled 5-4 against election recount in Florida
-this decision made Bush pres leading to criticism that SC lacked necessary independence to rule on the case as was dominated by cons judges aligning with the Repub candidate Bush
However what is evidence of the US SC judges acting politically independent
-pres has no influence over judges once appointed as they have tenure so control threaten them with sacking
-justices may rule against political interests of politicians who appointed them e.g. Gorsuch + Kavanaugh voted against Trump in Trump v Vance 2020 regarding Trumps financial misconduct
How does judicial politicisation threaten judicial independence through political or public pressure
-if judges make certain judgements to avoid negative publicity or criticism form key politicians then they aren’t acting independently
-immovable know exactly what motivates justices decisions but has been increase in hostile criticism of judiciary recently
How was this changing political culture seen in the UK through the media pressure
-driven partly by social media
-e.g. 2017 UKs lord chief justice said social media ‘abuse’ puts judges under ‘intolerable pressure’
-2016 daily mails used front page headline to condemn SC judges as ‘enemies of the people’ after ruling gov couldn’t trigger article 50 without parl consent
How is this also seen in the US by the executive
-Trump used twitter to criticise ‘so-called judges’ + ‘slow + political courts’ 2017 condemning the court system as ‘broken + unfair’ in 2018
-Trump described Trump v Vance 2020 as a ‘political prosecution’ comparing it to a ‘witch hunt’
How has the UK executive pressured the UK SC
-2013 home sec May accused judges of ‘ignoring’ deportation law by making it more difficult to deport foreign nationals who were criminals
