NM

differences between UK and US Supreme Courts

UK:

US:

justices nominated by an independent body » Judicial Appoints Commission

nominated by the President and Congress finalises

justices until 70

justices = life tenure

can only decide on how constitutional policies are

cannot overrule UK Parliament

evaluate the view that the UK Supreme Court has become too powerful

  • quasi-legislative, despite parliamentary sovereignty

    • can’t create law

  • can decide limits of public bodies » Scottish trans bill

    • Parliament can introduce legislation to extend powers to become legal

  • can declare incompatibility with ECHR

    • in the end, Parliamentary sovereignty overrules the SC’s rulings

evaluate the view that the Supreme Court acts an effective check to the government?