Comparing The Judiciaries: Impact On Government And Politics Flashcards
What is the difference on culture and society between the two courts?
The US makes important decision on public policy and gad a massive impact on culture and society, like with Brown v Topeka (1954) or Roe V Wade (1973), with the UK’s decision being much less impactful
What are fundamental laws?
The basic laws that make up the constitution of a country
What are US Supreme Court justice accused of when making a political judgement?
‘Legislating from the bench’
What is the difference on the impact on the executive and the legislature the courts have between the two nations?
UK can just strike down laws, while the US can create new laws while striking dow others, with the UK just becoming a temporary roadblock as new laws can be created to circumvent blockage
What other issue do both courts have an impact on?
Federalism and devolution
Where does the basis of the US Supreme Court’s powers come from?
Article III of the US Constitution
Where does the basis of the UK Supreme Court’s powers come from?
Constitutional Reform Act 2005
What is the difference in how the two courts review legislation?
UK justices defer to parliament intentions when interpreting the law, in contrast the US Supreme Court is concerned with the wording in a single document: the Constitution
How does the UK court not always work as the final court of appeals, compared to the US always being the final court of appeal?
European Court of Justice can over rule them, though once the UK left the EU the UK Supreme Court became the final court of appeals, and the UK is subject to the ECHR which can be used by the European Court of Human Right (ECtHR) for people seeking justice
What is retrospective legislation?
A law to legalise something that occurred before it passed, in the UK used to authorise actions the Supreme Court has ruled ultra vires
What law can the UK Supreme Court identify a law as being incompatible?
THE Human Rights Act (HRA) 1998
How are laws much better protected in the US?
US laws are entrenched in the constitution, like the Bill of RIghts 1791
