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UK v US Supreme Court - Coggle Diagram
UK v US Supreme Court
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attitudes
similarities
in both countries there may be a difference in how much power judges have and the extent to which they use it
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differences
this bias is more apparent in the US because of the appointment process and the Constitution is more vague about the role of the Judiciary compared to the UK
rights protection
more effective in US
Constitutional sovereignty allows US courts to overturn the actions of any institution if it restricts civil liberties (UK courts do not have power to overturn AOPs even if the do restrict human rights)
US constitution is entrenched and SC rulings cannot be easily overturned, unlike in the UK
more effective in UK
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protection of rights in the US depends on the willingness of judges to do so in their interpretation of the Constitution
independence
similarities
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in both countries judges can and do give rulings that undermine the executive in terms of the power or policy priorities
in both countries there is external pressure on justices (high-profile nature of constitutional cases)
differences
appointment process in the US threatens independence of the court - selected by president and ratified by senate
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US court faces greater external pressure than in the UK - face heavier informal restrictions like protests or presidential speeches
scope
differences
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US justices uphold a codified constitution so can overturn powerful and elected bodies (presi, congress and states)
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final say
differences
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to overturn a decision made by UK court, parliament can simply pass an act of parliament
overturning a SC ruling in the US is near impossible (must pass an amendment which is really hard to do)
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