2465426
Compare the role of
the judiciary in
protecting rights in
two political systems
(12)
- 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
- UK Supreme Court likely to be more
independent, less biased. UK Govt cannot
influence who is on Supreme Court
- Not a political appointment. Larger group
of justices appointed by panel
- 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
- Conservatives Reacted angrily to Obama
appointing Sonya Sotomayor
- Some have been accused of being "too political"
- President tries to appoint balance of
conservatives and liberals
- President appoints justices for life or till retirement
- UK
- Powers of the Supreme Court
- US
- Powers are enshrined in the constitution
- 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
- No parliament can bind its successor
- Parliamentary Sovreignty
- UK Supreme Court could be abolished or
changed by another act of parliament
- Created by an act of UK parliament
- US
- 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
- Roe Vs Wade: Legalised abortion
based on right to privacy
- Can make massively important pieces of
legislation based upon its interpretation of
the constitutuion
- 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
- Theresa May has suggested a Conservative Govt would
repeal the 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
- UK Supreme Court must check if new legislation conflicts with
previous legislation, including 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
- 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
- Guardian Newspaper vs UK Govt
- Bill of Rights
- Resolving disputes between layers
of govt or state/devolved layers
- US
- US SC overturned Prop 8 (California gay
marriage ban)
- 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
- N. Ire Assembly invloved
- Milk Regulations
- UK Gov Won
- Scot Gov had failed bid to rule
SC had no power in Scots law
- Scot Gov had failed bid to rule
SC had no power in Scots law
- Scot Gov Won
- 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
- Disputes between devolved administrations
and/or UK Govt
- US
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