| What is the Biggest Different between the American Supreme Court and the British Supreme Court | -The Nature of the Constitution
-In the US, all Sovereignty lies in the USCON and so the power to say what the USCON really means is Incredibly Powerful
-In the UK, Sovereignty lies within Parliament and the Constitution is not Entrenched. UKSC gets its powers from Parliament, and Parliament is not Binding to UKSC |
| What was the Miller vs PM case in 2019, and why is this similar to Marbury vs Madison 1803? | -2019 saw the UKSC rule that Boris Johnson had Illegally shutdown Parliament and Johnson, while Grumbling, accepted the Ruling and reopened Parliament
-This has Similarities to 1803 as it established the UKSC can shutdown Prime Ministerial Action if it is Unconstitutional |
| What Similarities Exist for the Independence of Both Courts | -Justices appointed for Life, but in Britain, there is an Upper Age Limit
-Appointment Process tries to Ensure Independence. Role of ABA and the Branches working together will try to get a Justice both Professional and Popular
-The Judicial Appointments Commission is Politically Independent
-Justices Pay are Protected and can not be Altered. The Independent Body in UK makes Suggestions to the Pay which the Government Accepts. The US has Protection within the USCON
-Justices seen to be Professional in the Field and not just Parachuted in Government |
| When looking at how Protected Rights are, what happens in the US and UK when factoring the Influence of their Supreme Courts? | -The US Supreme Court will use the USCON to see if Rights are not Protected.
-In the UK, the HRA, rooted by the ECHR and Enforceable by the ECJ meaning there are a Greater Range of Rights that are Protected
-It is much Easier in the US to Challenge the Government as the Power is much Greater in SCOTUS. Parliament can choose to Ignore the UKSC and has done so More Often than the US Branches and States |
| What Access Points Exist for the US? | -Supreme Court via Cases or Amicus Curiae Briefs
-Access to Congress via Elected Representatives in 2 Chambers, which has a Mandate and Loyalty to their Constituents
-State Governments, which do have Sovereignty of a Degree (Federalism) |
| What Access Points Exist for the UK? | -Supreme Court, by Bringing Cases
-Access to an Elected MP, but more Subject to Strict Party Discipline
-Devolved Bodies, which do Depend on Parliament for Power and Existence |
| Why may the Rational Theory be used to Explain how Justices Behave in the UKSC and SCOTUS | -Justices and Courts may act in a Self Interest way to protect their own Status and Power. The John Roberts U Turn on Abortion and Obamacare seems to be like that. 2017 and 2019 seeing UKSC ridicule the PM can be to Assert Judicial Independence from the Government |
| Why may the Cultural Theory be used to Explain the Justices Ideologically Positions in the UKSC and SCOTUS? | -In the UK, it is harder to Attribute an Ideology, but the 8-3 Ruling in Brexit suggested a more Cautious and Traditional Approach to handling Brexit
-In the US, the mere Conservatives and Liberals being Labelled just says it all |
