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Comparative Theories and the UK-US Comparison

Comparing the Supreme Courts: powers and appointments

  • 3 things to know
  • Component 3

Overview

Recall questions on where each court's powers come from, judicial review against declarations of incompatibility, and the two appointment processes.

What you need to know

Answer each one before you reveal it.

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Numbers

How does the tenure of UK Supreme Court justices compare to that of US justices?

Numbers

From which constitutional source does the US Supreme Court derive its powers?

Numbers

What landmark case established the principle of judicial review for the US Supreme Court, and in what year?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    From which constitutional source does the US Supreme Court derive its powers?

    Model answer

    Article III of the Constitution, with the principle of judicial review established by Marbury v Madison (1803).

  2. 2

    What landmark case established the principle of judicial review for the US Supreme Court, and in what year?

    Model answer

    Marbury v Madison in 1803.

  3. 3

    What is the primary statutory basis for the powers of the UK Supreme Court?

    Model answer

    The Constitutional Reform Act 2005.

  4. 4

    Why does the UK Supreme Court derive its powers from statute rather than a constitution?

    Model answer

    Because the UK lacks a codified constitution, so the Court's powers must be established through Acts of Parliament.

  5. 5

    What power does constitutional judicial review give the US Supreme Court?

    Model answer

    The power to strike down federal and state laws as unconstitutional.

  6. 6

    Why is the UK Supreme Court unable to strike down Acts of Parliament?

    Model answer

    Due to the doctrine of parliamentary sovereignty, which establishes Parliament as the supreme legal authority.

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Democracy and Participation
Political Parties
Electoral Systems
Voting Behaviour and the Media

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Bhikhu Parekh ( –).
193519952000

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ACitizens elect representatives to govern on their behalf.
BRepresentatives are accountable through free, regular elections.
CGovernment is carried out through parties and Parliament.

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Patriotism means attachment to one’s country.
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