Structural Theory Of Selecting Members Of The UK + US SC

Question 1

What is structural theory?

Answer 1

-focusses on institutions + systems that shape political behaviour + outcomes
-emph structural features of political systems influence methods + outcomes of judicial appointments

Question 2

What are three ways in which structural theory explains the selection of UK and US members to the SC?

Answer 2

-constitutional and legal frameworks
-checks and balances in selection process
-political and partisan influence

Question 3

What is the structural role of constitutional and legal frameworks in the US?- 1

Answer 3

-US article 2 section 2 grants pres power nominate Supreme Court justices with advice + consent of senate
-const presents formalised process influence by partisan dynamics as pres appoints thise who align with own pol ideology

Question 4

What is the structural feature of this?

Answer 4

-separation of powers shapes political nature of these appointments
-pres prioritise ideological alignment + senate confirmation hearings become key sites for political contestation

Question 5

What is an example of this?

Answer 5

-Trump nominating Amy Coney Barrett a fellow republican
-reflecting trumps beliefs in pro-life as Barrett widely known for her criticism of roe v wade which Trump had repealed 2022

Question 6

What is the structural theory of the constitutional and legal frameworks in the UK? - 1

Answer 6

-selecting members less defined in cisnritution
-Lord chancellor responsible appointing SC judges on advice of judicial appointments commission (JAC)

Question 7

What is the structural feature of this?

Answer 7

-uncodified nature mean selection process influence by convention + evolving norms rather than strict constitutional guidelines
-but division judiciary + exec ensures process somewhat independent

Question 8

What is an example of the Lord chancellor and the JAC selecting members?

Answer 8

-selection of Lord Reed 2012 by LC Ken Clarke for JAC list of candidates
-previously judge in HoL

Question 9

What is the structural theory of the checks and balances in the selection process of a nominee in the US? - 2

Answer 9

-separation powers creates system check + balances directly affecting judicial process
-nominated candidates must be confirmed by senate

Question 10

What does this system of senate ratification mean?

Answer 10

—even if pres nominates certain ideally the senate majority can block or approve
-leading to outcomes reflecting broader political dynamics

Question 11

What is the structural theory behind this?

Answer 11

-if senate controlled by opposition worth it can serve as a check on pres judicial appointments if candidate majorly aligned with pres own views

Question 12

What is an example of this?

Answer 12

-Merrick Garland nomination 2016
-Repub controlled senate refused consider Obamas nominee as act of final months in power + strictly aligned with his own Dem views

Question 13

How is the structural theory of the checks and balances on nominees seen in the UK? - 2

Answer 13

-the merit-based selection process ensures judicial appointment based on merit + not political considerations

Question 14

How is this seen?

Answer 14

-JAC conducts rigorous interviews, reviews judicial camdidates’ qualifications + experiences

Question 15

How does this system create checks and balances?

Answer 15

-merit - ensures high legal expertise c professional competence are appointed over those with strong political connections
-designed balance need for qualified judges with need for judicial independence abiding risk of partisan alignment in politics

Question 16

What is an example of this?

Answer 16

-May appointing Lady Hale pres of SC 2017 which was subject to checks + balances by JAC
-checked legal qualifications + experiences having been a high court judge since 19994

Question 17

How does structural theory explain the role of public opinion + politicise culture in the selection of members for the US SC? - 3

Answer 17

-public opinion + political culture become more important shaping perception of judicial appointments
-e.g. public attitude to abortion or civil rights influence how ores selects nominee knowing SC rulings have national impact

Question 18

How does structural theory explain this?

Answer 18

-explains political systems structure incorporates public opinion + cultural dynamics into judicial appointments
-ideology + social issues become central judicial nominations reflect these trends

Question 19

What is an example of this?

Answer 19

-1981 Reagan nominated Sandra O’Connor
-reflected response of public demand for greater diversity
-Reagan acknowledgement of calls for female representation in highest courts - post of advocacy for growing feminism movements

Question 20

How is this seen in the UK? - 3

Answer 20

-public opinion on issues like human rights record of potential justices may influence rules of judges appointed

Question 21

How does structural theory explain this?

Answer 21

-public’s cultural values like desire for judicial impartiality shape preferences

Question 22

What is an example of public opinion shaping the selection of members to the UK SC?

Answer 22

-appointment of Sir Bellamy 2021
-previously chaired competition appeal tribunal + also involved with private sector advisory roles

Question 23

What concerns did these raise?

Answer 23

-public opinion from legal experts etc. concerns his previous roles affect impartiality
-fears his connections to major cooperations lead to perceptions of bias in cases involving corporate or econ interests

Question 24

What did these concerns reflect?

Answer 24

-broader public values around judicial independence + need for judges be perceived as free from external influence ensuring UK judiciary remained impartial