supreme court

summary of the approaches

  • structural approach:

    • focuses on institutions as a political system and the processes within them

    • suggests that the lives of individuals n groups within a society are largely determined by their position

examine the features of the US and UK Supreme Courts designed to ensure independence from political influence

  1. Appointment Process:

    • US: Justices are nominated by the President and confirmed by the Senate—this can be influenced by partisan politics.

    • UK: Justices are appointed by an independent Judicial Appointments Commission (JAC), reducing direct political involvement.

🔹 Comparative Point: The UK system is more insulated from political influence than the US, where appointments can be highly politicised.

  1. Security of Tenure:

  • US: Justices have life tenure under Article III of the Constitution, meaning they cannot be removed except by impeachment. This ensures independence but can lead to long-lasting political influence.

  • UK: Justices must retire at 75 (if appointed after 1995) or 70 (if appointed after 2013), ensuring regular turnover

  • Comparative Point: Life tenure in the US provides stronger independence but risks political entrenchment, whereas the UK’s retirement age prevents excessive judicial dominance

  1. Protection from External Pressure:

  • US: The separation of powers doctrine ensures the judiciary is independent from the executive and legislature.

  • UK: The Constitutional Reform Act 2005 separated the judiciary from Parliament, removing the Law Lords from the House of Lords and establishing an independent Supreme Court

  • Comparative Point: Both courts are structurally independent, but the UK’s judicial independence was only fully realised in 2009, while the US system has long maintained a clear separation of powers

  1. Salary n Financial Security

  • US: Salaries cannot be reduced while in office (Article III, Section 1), preventing political manipulation.

  • UK: Judicial salaries are set by an independent body and cannot be arbitrarily changed by the government

  • Comparative Point: Both systems protect judicial pay, ensuring judges are not financially pressured by the government.