Compare the role of the judiciary in protecting rights in two political systems (12)

Compare the role of the judiciary in protecting rights in two political systems (12)

1. Appointment

   • UK
     • Not a political appointment. Larger group of justices appointed by panel
       • UK Supreme Court likely to be more independent, less biased. UK Govt cannot influence who is on Supreme Court
   • US
     • President appoints justices for life or till retirement
       • President tries to appoint balance of conservatives and liberals
         • Some have been accused of being "too political"
           • Conservatives Reacted angrily to Obama appointing Sonya Sotomayor

2. Powers of the Supreme Court

   • US
     • Powers are enshrined in the constitution
   • UK
     • Created by an act of UK parliament
       • UK Supreme Court could be abolished or changed by another act of parliament
         • Parliamentary Sovreignty
           • No parliament can bind its successor

3. Protecting already established rights

   • Bill of Rights
     • Can make massively important pieces of legislation based upon its interpretation of the constitutuion
       • Roe Vs Wade: Legalised abortion based on right to privacy
       • Brown Vs Board of Education: Ended school segregation by ruling "separate but equal" unconstitutional
   • UK Human Rights Act (based on European Convention on Human Rights)
     • UK Supreme Court must check if new legislation conflicts with previous legislation, including HRA
       • No showdowns yet but House of Lords has amended anti terror laws in anticipation of a legal challenge by the Supreme Court for HRA
         • Theresa May has suggested a Conservative Govt would repeal the HRA
   • Freedom of Information
     • Guardian Newspaper vs UK Govt
       • Court ruled in favour of Guardian about letter from Prince Charles to Govt ministers on political issues should be made public. SC has protected rights by following FoI laws

4. Resolving disputes between layers of govt or state/devolved layers

   • US
     • US SC overturned Prop 8 (California gay marriage ban)
   • UK
     • Disputes between devolved administrations and/or UK Govt
       • Smith Commission proposals limit health and safety powers for Holyrood to avoid giving it power to inspect Faslane Nuclear Base. UK Govt is wary of UK Sc challenge by Scot Govt
       • UK and Scot Govt have taken UK SC cases against each other
         • Scot Gov Won
           • Milk Regulations
             • N. Ire Assembly invloved
         • UK Gov Won
           • Scot Gov had failed bid to rule SC had no power in Scots law