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the supreme courts - Coggle Diagram
the supreme courts
the us Supreme Court has judicial review and they have the power and duty to uphold the constitution and have the power to deem acts unconstitutional, they can deem acts of congress unconstitutional.
an example would be they ruled that businesses do not have the right to fire someone for being gay or transgender and this pushes back against Donald trumps ruling on allowing gay people or trans people to be sacked from the military
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all courts lower down must follow the decision made in the supreme courts on the meanings of the law- US + UK Supreme Court
the constitution in the uk is uncodified and we have parliamentary sovereignty in the uk, and the Supreme Court must follow acts of parliament. on the other hand in the us the Supreme Court and congress and the executive branch have equal power.
the portaging of parliament by Boris Johnson was declared as against the constitution- shows the uk Supreme Court has become more political. however only to the degree of making this decision as it threatened parliamentary sovereignty.
the constitution in america is codified and sovereign, rights and civil liberties are very political as the Supreme Court can make rulings on the civil rights of people in america.
amicus curea briefings- pressure groups can send briefings to Supreme Court to try to pursaued them, to vote for the pressure groups standings
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15th amendment gave black people the right to vote in all states, made it illegal to refuse right to vote based on race- however it kickstarted Jim Crow laws 'separate but equal'.
after the brown v board of education the southern states refused to abide by it by creating the southern manifesto of 1956 and it wasn't until the civil rights act of 1964 that the segregation actually ended.
the Supreme Court defines rights in the US rather than congress, they were able to overturn roe v wade without congress and the obergerfell v Hodges. there is a high amount of judicial activism.
loose constructinism- the document can be interpreted to fill the modern world we live in.
rwanda bill- lack of power of the uk supreme court court. gov just passed act that overruled the ruling
the strict constructionist will argue that by overturning rulings such as roe v wade it is returning the constitution back to what it was intended to be.
1998 human rights act gave the Supreme Court constitutional duty to adhere to these convention rights. Redfearn v uk was a case in which someone was being sacked due to attending a political protest the uk Supreme Court established that this went against their article 11 right and they couldn't be sacked. however the uk Supreme Court is very connected to the ECHR.
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as representation: in the uk 71% of the Supreme Court justices attended private schools contrasting to the ups 6%. 10/12 justices attended either Oxford or Cambridge, they however aren't held to political accountability, they are physically independent.