Similarities-Powers of the US UK SC

Topic 1

Power of the UK and US Supreme Court

As final court of appeal  

US 1

Final court of appeal  

 Both the US and UK Supreme Courts serve as the highest court of appeal in their respective system.

In the US, the Supreme Court has the final authority on federal cases 

 Example: 

the 2022 decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade.  

UK 1

Similarly, the UK SC is the ultimate court for civil and criminal appeals, as seen in R(AAA) v SSHD (2023) unanimously found Rwanda policy unlawful. For Women Scotland v Scottish Ministers (2025) clarified meaning of ‘sex’ as biological sex under Equality Act 2010

Similarity 1

Structural theory; as it highlights the role of both Supreme Courts as the final appellate authority in their legal systems, structurally positioned to provide definitive rulings with legal ruling reaching a settled endpoint.

This formal mechanism allows both SC rulings as binding force across legal system, which is why Gov must respond to its decision even when they dislike them.

Topic 2

Judicial independence

Lifetime or long-term tenure to protect justices from political pressure and external influence

US 2

Both countries provide justices with secure tenure to protect them against political influence. US SC justices serve for life, providing them with freedom from political consequences as exemplified by justice Thomas serving over 34 years

And can only be removed by impeachment, rarely used: justice Samuel chase in 1804 the only SC justice ever impeached and he was acquitted

UK 2

In UK, justices benefit from statutory safeguards under constitutional reform act 2005

Security of tenure: justices serve until the mandatory retirement age of 75, ensure independent by preventing the gov from removing them and ensuring they carry out justice without fear of being sacked

salary paid from independent budget: consolidation funds which cannot be manipulated by gov and they’re paid well so that there’s less incite for them to be influenced by financial pressure from political actors

Similarity 2

Rational theory- 

Focusing on how in both countries secure tenure, high threshold for removing senior judge being fixed by formal mechanism allows justices to act in alignment with legal principles without concerns about job security, incentivising impartial, independent rulings

Topic 3

Role of judiciary in upholding rights

US 3

Both US and UK have independent judiciaries that interpret and uphold citizens’ rights.  
US, the judiciary protects rights through judicial review, the power which derives from the landmark 1803 case Marbury v. Madison, cementing the Court's authority to declare acts of Congress and executive actions invalid if they violate the Constitution

 Example: 

cases like Obergefell v Hodges (2015), which extended marriage equality. 

UK 3

Similarly, in UK, judiciary applies the Human Rights Act to review government actions to uphold rights, such as in Rwanda Bill 2024 Supreme Court ruling that declared the Rwanda policy unlawful due to risks of "refoulement", declaring acts of incompatibility with HRA 

Similarity 3

Structural analysis;

Rights protection in both countries sit with the judiciary through formal legal channels (Article III in USA, HRA 1998 in UK).

and both judicial systems serve as independent judge in protecting individual rights, ensuring executive actions align with legal and constitutional principles.