Similarities Flashcards

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1
Q

Give one key similarity between the US and UK Supreme Court

A

The powers of the UK &n UK constitution are the same… that is the power of JUDICIAL REVIEW

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2
Q

both the UK and US supreme court has the power of Judicial review… what does this mean?

(CLUE: reality)

A

reality of the Court’s power seem similar

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3
Q

both have Judicial Review… therefore in reality both powers seem similar. Explain this in the case of the UK

A

(even though only operating since 2009) their role in Judicial Review and their acceptance of its rulings became a part of everyday life.

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4
Q

Give an example of how Judicial Review and their acceptance of rulings became a part of everyday life in the UK.

(CLUE: R Miller V Secretary of the State for Exiting the European Union)

A
  • evident in R Miller V Secretary of the State for Exiting European Union (2017).
  • Miller challenged Gov’t regarding the implementation of Brexit, which caused huge controversy when the Court ruled that the final say for Brexit had to be given by Parliament… given its sovereignty. Despite outrage and contradictions to this from within the Conservative party, the ruling was accepted.

(Gov’t challenged regarding the implementation of Brexit, even though decision caused outrage from Conservative Party, ruling still followed)

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5
Q

both have Judicial Review… therefore in reality both powers seem similar. Explain this in the case of the US

A
  • US Supreme Court cases had also been met with anger/outrage from the President, Congress, and/ or the States, yet the Supreme Court rulings are always upheld
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6
Q

Give an example of how Judicial Review and their acceptance of rulings in the US

A
  • Obama criticised and showed public disagreement with the Citizens United V (FEC) Federal Election Commission decision yet accepted the Court’s authority
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