The extent to which structural approaches (UK and US) 4.6 Flashcards
How is the appointment process of the US Supreme Court described?
structural aproaches
Highly politicised, involving both the legislature (Senate) and the president.
How is the appointment process of the UK Supreme Court described?
structural aproaches
Non-political, carried out largely without the involvement of political branches such as Parliament or the prime minister.
How does the US Constitution impact the judiciary?
structural aproaches
The codified US Constitution creates a structure that results in a more powerful judiciary.
What determines the autonomy and powers of both courts?
structural aproaches
The constitutional framework of both countries.
Why are US Supreme Court judicial review judgements described as quasi-legislative?
structural aproaches
Because they become law through the Supreme Court’s interpretation of the Constitution.
How are civil rights better protected in the US compared to the UK?
structural aproaches
Through entrenched rights in the US Constitution, especially in the Bill of Rights and the Fourteenth and Fifteenth Amendments.
What structural advantage does the US Supreme Court have over the UK Supreme Court?
structural aproaches
The ability to create law through judicial review judgements.
What is considered a structural weakness of the UK Constitution?
structural aproaches
The lack of an entrenched codified constitution, making civil rights theoretically more vulnerable.
How could the UK Supreme Court be technically abolished?
structural aproaches
By a simple Act of Parliament.
What can the UK Supreme Court declare about the government or its agencies?
structural aproaches
That they are ultra vires (beyond their powers).
How can the UK government often nullify Supreme Court judgements?
structural aproaches
By changing the law.
Why is it difficult for the US executive or legislature to circumnavigate the US Supreme Court?
structural aproaches
Because of the high threshold required to pass constitutional amendments.
How are both supreme courts structurally independent?
structural aproaches
They are independent of the other branches of government, allowing judges to make judgements without interference or direct reprisals.
What is the clearest structural difference between the US and UK Supreme Courts?
structural aproaches
Their composition and methods of appointment.
