Theoretcial Approach To The Judiciaries: Structural - The Role Of Political Institutions Flashcards
What are the structural similarities that are crucial to judicial independence
-security of tenure allows justices make judgements
-separation of powers gives judiciaries independence from other two branches of gov
What are the structural differences that lead to important differences between the two judiciaries
-entrenches ‘fundamental laws’ in US constitution produced more powerful judiciary than in UK with US court maybe using its interpretive powers for judicial activism
-parl sovereignty limits power of UK SC as can’t override parl but constructional sovereignty US allows SC strike down congress laws
-appointing US justices a political process leading to more politicised, high profile justices but UK justices independently appointed + don’t have obvious ‘cons’ or ‘lib’ leans
