Logo

Ep. 179 Comparative: US & UK Supreme Courts (Update)

en

January 26, 2025

TLDR: This podcast compares and contrasts the power dynamics between US and UK courts.

1Ask AI

In Episode 179 of the A-Level Politics Show, the discussion focuses on comparing the powers of the US Supreme Court and the UK Supreme Court. This analysis is framed around two central questions:

  • What are the similarities in the powers of the UK and US Supreme Courts?
  • What are the differences in their powers?

This episode serves as a comprehensive guide for A-Level politics students and anyone interested in the judiciary systems of these two significant democracies.


Similarities in Power

1. Basis of Power

Both courts are pivotal in their respective political systems:

  • US Supreme Court: Established under Article 3 of the US Constitution, its authority is deeply entrenched in American history.
  • UK Supreme Court: Created by the Constitutional Reform Act of 2005, it evolved from the House of Lords and has been recognized as the highest court of appeal.

Both systems reflect the cultural theory where the rule of law is fundamental, insisting that leaders must be held accountable through a neutral judiciary.

2. Independence

Judicial independence is crucial for both courts to maintain fairness:

  • Both US and UK courts are physically separated from lawmakers.
  • Judges in both countries enjoy security of pay and tenure, allowing them to focus on legal interpretation without external pressures to cater to public opinion.
  • Significant cases demonstrating this independence include:
    • The UK Supreme Court ruling against the government’s plans for asylum seekers in Rwanda in 2023.
    • The US Supreme Court's decision to overturn Roe v. Wade in 2022, illustrating willingness to make unpopular rulings.

3. Power of Judicial Review

Both courts exercise judicial review:

  • The UK Supreme Court can declare governmental actions as ultra vires (beyond their powers), as seen in the Miller 2 case.
  • The US Supreme Court follows suit, striking down executive actions, such as in the case of Biden’s student loan forgiveness plan.

Differences in Power

1. Basis of Power

While both courts are influential, their foundations differ:

  • UK Supreme Court: Its powers stem from parliamentary statutes, meaning they can potentially be altered by future legislations.
  • US Supreme Court: Its authority is derived from the Constitution, which is more rigid, making the court's role inherently stable and secure.

2. Judicial Independence

The appointment processes starkly contrast:

  • US Supreme Court: Nominations are made by the President and approved by the Senate, making the process increasingly politicized. Recent appointments have shown a split along ideological lines, influencing case outcomes favorably toward political allies.
  • UK Supreme Court: Judges are selected through an independent judicial appointments commission, aiming for merit-based selections. This results in a judiciary less influenced by current political dynamics.

3. Power of Judicial Review

The judicial review power highlights key disparities:

  • US Supreme Court: Can declare acts of Congress unconstitutional, as seen in Shelby v. Holder (2013), asserting superiority over legislative actions.
  • UK Supreme Court: Lacks the authority to strike down parliamentary legislation and can only comment on incompatibility with the Human Rights Act, making its judgments advisory rather than binding.

Additionally, the UK Supreme Court's decisions can be overridden by Parliament through new legislation, underscoring the difference in constitutional frameworks where:

  • US Constitution: Presents higher barriers for overturning decisions (i.e., constitutional amendments).
  • UK Constitution: Allows changes via simple legislative action, as demonstrated by the Safety of Rwanda Act’s direct challenge to previous rulings.

Conclusion

This episode of the A-Level Politics Show provides an insightful comparative analysis between the US and UK Supreme Courts, highlighting the complexities of their powers, independence, and processes. For students and politically engaged individuals, understanding these differences and similarities is critical in comprehending how judicial systems function within their respective political landscapes.

Stay tuned for more episodes offering deep dives into significant political issues including future discussions on socialism, state behavior, and electoral leadership dynamics.

Was this summary helpful?

Recent Episodes

Ep. 180 Socialism and the state (update)

Ep. 180 Socialism and the state (update)

The A Level Politics Show

How much do socialists accept that the state should exist? And if they do accept it, what should it do? Enjoyed the podcast? Found it useful? Then why not subscribe to PLUS PLUS PLUS! For just £1.99 per month, you will receive access to every episode and every transcript of the A Level Politics Show. That’s right, the full back catalogue for less than a price of a coffee. Also look out for bonus E. G.4Me episodes, which take you through breaking news stories and attempt to make sense of them. Oh, and those quiz pods - watch out for these from 2025 onwards.  If you listen through Spotify, you can ask follow-up questions to each episode by clicking on the comment section in the show notes. And why not take part in episode-by-episode polls once you have finished listening. Furthermore, you can cancel anytime – no obligations and no hidden costs. Click ⁠⁠⁠⁠⁠⁠⁠⁠⁠here⁠⁠⁠⁠⁠⁠⁠⁠⁠ to get started!     If a PLUS PLUS PLUS subscription is not for you at this time then no worries – rest assured that the latest episode of the show will remain free until the next episode comes out.    One last thing: don't forget to leave a nice review wherever you listen to your podcasts so that more people can find out about us.    Happy listening, dear listener, and thanks for your support of the show. 

February 02, 2025

Ep. 178 Liberalism and Liberal Democracy

Ep. 178 Liberalism and Liberal Democracy

The A Level Politics Show

This podcast discusses the support of both Classical and Modern Liberals towards Liberal Democracy through assessment of aspects such as limited government, free elections, and tolerance.

January 15, 2025

E.G.4Me: Biden takes on "Drill Baby Drill!"

E.G.4Me: Biden takes on "Drill Baby Drill!"

The A Level Politics Show

President Biden has banned offshore drilling along the US coastline via an executive order in his final days as president.

January 11, 2025

Ep. 177 Political Participation in the UK (Update)

Ep. 177 Political Participation in the UK (Update)

The A Level Politics Show

UK might be experiencing a participation crisis based on the turnout stats for the 2024 general election. Shifts towards non-traditional forms of political engagement are suggested.

January 04, 2025

AI

Ask this episodeAI Anything

The A Level Politics Show

Hi! You're chatting with The A Level Politics Show AI.

I can answer your questions from this episode and play episode clips relevant to your question.

You can ask a direct question or get started with below questions -

Sign In to save message history