Structural Theory Of Selecting Members Of The UK + US SC Flashcards
What is structural theory?
-focusses on institutions + systems that shape political behaviour + outcomes
-emph structural features of political systems influence methods + outcomes of judicial appointments
What are three ways in which structural theory explains the selection of UK and US members to the SC?
-constitutional and legal frameworks
-checks and balances in selection process
-political and partisan influence
What is the structural role of constitutional and legal frameworks in the US?- 1
-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
What is the structural feature of this?
-separation of powers shapes political nature of these appointments
-pres prioritise ideological alignment + senate confirmation hearings become key sites for political contestation
What is an example of this?
-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-reflecting trumps beliefs in pro-life as Barrett widely known for her criticism of roe v wade which Trump had repealed 2022
What is the structural theory of the constitutional and legal frameworks in the UK? - 1
-selecting members less defined in cisnritution
-Lord chancellor responsible appointing SC judges on advice of judicial appointments commission (JAC)
What is the structural feature of this?
-uncodified nature mean selection process influence by convention + evolving norms rather than strict constitutional guidelines
-but division judiciary + exec ensures process somewhat independent
What is an example of the Lord chancellor and the JAC selecting members?
-selection of Lord Reed 2012 by LC Ken Clarke for JAC list of candidates
-previously judge in HoL
What is the structural theory of the checks and balances in the selection process of a nominee in the US? - 2
-separation powers creates system check + balances directly affecting judicial process
-nominated candidates must be confirmed by senate
What does this system of senate ratification mean?
—even if pres nominates certain ideally the senate majority can block or approve
-leading to outcomes reflecting broader political dynamics
What is the structural theory behind this?
-if senate controlled by opposition worth it can serve as a check on pres judicial appointments if candidate majorly aligned with pres own views
What is an example of this?
-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
How is the structural theory of the checks and balances on nominees seen in the UK? - 2
-the merit-based selection process ensures judicial appointment based on merit + not political considerations
How is this seen?
-JAC conducts rigorous interviews, reviews judicial camdidates’ qualifications + experiences
How does this system create checks and balances?
-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
What is an example of this?
-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
How does structural theory explain the role of public opinion + politicise culture in the selection of members for the US SC? - 3
-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
How does structural theory explain this?
-explains political systems structure incorporates public opinion + cultural dynamics into judicial appointments
-ideology + social issues become central judicial nominations reflect these trends
What is an example of this?
-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
How is this seen in the UK? - 3
-public opinion on issues like human rights record of potential justices may influence rules of judges appointed
How does structural theory explain this?
-public’s cultural values like desire for judicial impartiality shape preferences
What is an example of public opinion shaping the selection of members to the UK SC?
-appointment of Sir Bellamy 2021
-previously chaired competition appeal tribunal + also involved with private sector advisory roles
What concerns did these raise?
-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
What did these concerns reflect?
-broader public values around judicial independence + need for judges be perceived as free from external influence ensuring UK judiciary remained impartial
