Similarities and differences between the supreme courts Flashcards
1
Q
History
A
- Rationale behind the creation of both was the same
- Each was intended to provide an independent judiciary that was fully seperate
- US SC included in the constitution
- UK SC is a young instituiton, before it were the law lords
2
Q
Selection and appointment of justices
A
- US justices are political appointees, nominated by president, confirmed by senate
- UK justices are selected by an independent selection commission before being presented to the lord chancellor for approval
- US appointment process is highly politicised, UK equivilant is independent and recieves less media attention
3
Q
Characteristics of justices
A
- UK justices have either been a senior judge for 2 years or a qualifying practitioner for 15
- In the US there are no official requirements to be a SC justice, but modern appointees always have significant legal or judical experience
- Women and ethnic minorites are underrepresented in both courts. US has a higher proportion of women but has never had a female chief justice. UK has with Lady Hale
4
Q
Tenure of justices
A
- Both enjoy security of tenure. Can only br removed for wrongdoing, by impeachment in the US or judicial complaints procedure in the UK
- UK justices retire by 70, US justices have life tenure
- It can be difficult for justices to retire in the US, Stephen Bryer would’ve been anxious to avoid vactaing a seat with Trump as president
- UK age limit has been criticised for forcing unnecessary retirements eg. Lady Hale
