The judiciarys Flashcards
What are the four main points of comparison with the UK Judiciary and the US supreme court
- Judicial review: strong vs weak
- Appontment process: political vs independent
- Term limit: life or age of retirement
- Constitutional vs parliament sovereignty
Give an example of how the US has strong judicial review
In Roe v. Wade (1973), the Supreme Court ruled abortion was a constitutional right, but in Dobbs v. Jackson (2022), it overturned that decision, showing its power to shape laws.
Give an example of how the UK judicial review is weak
In 2019, the UK Supreme Court ruled Boris Johnson’s prorogation (suspension) of Parliament was unlawful, but it could not overturn any legislation.
cannot strike down parliamentary acts due to parliamentary sovereignty
Give an example of how the US appointment process is political
n 2020, Donald Trump appointed Amy Coney Barrett to the Supreme Court, shifting it toward a conservative majority.
Give an example of how the UK appointment process is independendent
The appointment of Lord Reed as President of the UK Supreme Court in 2020 was based on merit rather than political affiliation.
nominated through independent body - judicial appointments commission
Give an example of the US term limit for supreme court justices
Justice Ruth Bader Ginsburg served until her death in 2020, allowing the sitting president to replace her.
Give an example of the UK term limit for judges
Lord Neuberger retired as President of the UK Supreme Court in 2017 due to the mandatory retirement rule.
Give an example of how the UK judiciary has parliamentary soverignty
The UK Supreme Court ruled in Miller v. Secretary of State for Exiting the EU (2017) that Parliament had to vote before triggering Brexit, but it could not block Brexit itself.
GIve an example of how the US supreme court has consitutionalal soverignty
Miranda v. Arizona (1966) established the requirement for police to inform suspects of their rights, shaping law enforcement nationwide.
