The Judiciary: A comparative Approach

1. The Judiciary: A comparative Approach • Overview: Outline the US and other Judicial Systems functions (Mind mapping with poster) -20 mins • What Comparisons can be made of the US with other judiciaries? 40 mins • Exam Paper Focus: What are exam questions asking you to do? • Timed Essay: Comparative Judicial Systems • Homework

2. Create a Mind Map /Outline Poster of the US and UK Judicial Systems (40 mins) • Using books/net find out: What is a judicial System? • Create a mindmap poster and outline/describe the : a) US Judicial System • Follow: • Overview of the US Judicial System b) UK Judicial System: • The UK Judicial System

3. Similarities and Differences of US with other modern Judicial Systems • High Value placed on the independence of courts • Allow Judges to interpret laws, Even strict legal systems (France) have situations where judges fill gaps’ (Hague, 1992) • Application of the law has been further obscured in all modern countries by expansion of administrative bureaucracy • Growth in ‘ quasi judicial admin tribunals’ Deal with employment law, social security, etc. Been heavily criticised as being politicised * • Both in US and UK judges hold office for life and ‘good behaviour’ • Both the US and UK Judicial Systems are held to account much less than other European Courts

4. Selection of Judges: See table 11.3 (Hague, harrop book) • An independent judiciary is not neccesarily a neutral one * • European, UK/US Judges are known for their political stances * • Griffith (1977) argues British Courts are ‘Conservative’ and have unfavourable attitudes to workers rights, trades unions • Hague, Harrop, Breslin(1992) Point to mistakes made by senior judges over IRA terrorism –’judicial arrogance’ • Schubert (1972) ‘Decisions in US courts are related to social background of judges’ • ACTIVITY: SOCIAL BACKGROUND OF JUDICIAL SYSTEM: • Read the handout and highlight

5. All western judiciaries: • Resolve conflicts between state and citizens over basic civil liberties • Rule whether laws are constitutional • Resolve conflicts between different institutions or tiers of government • US Supreme Court has biggest power of constitutional review of all western courts • US Supreme Court argued to be more powerful/ political than UK judicial system (Hague, 1992) • Can you think of cases that illustrate the Courts power?* • Germany and Canada also have strong Review Courts

6. Comparing with Courts in non Democracies • In former Soviet Union, courts were a tool to reconstruct a totalitarian society, not impartial. • In China, courts are dominated by the police who use legal system to control citizens behaviour • Activity: Read Handout ‘Google and Chinese Courts’ • In many former East European States, the reconstruction of Courts and Judiciary has left a culture of ‘mafioso’ (Italy/Spain) • Many undeveloped countries are dominated by military rule, so courts have little/no role. (Waisman, 1989) • Mexicos’ judicial system is dominated by executive (politicised)

7. Summary: Courts in Comparison • Overall: US Supreme Court is arguably more political/powerful than other western courts • Some European Courts are argued to be controlled more by other agencies and less political (France) • UK system is very out of date and powers of courts not separated from political system unlike US or European Union (House of Lords is equivalent to Supreme Court). • All western judiciaries have become very bureaucratic and more dominated by corporations. • All Judiciaries are some what political (backgrounds/selection) • Is there an alternative?

8. Timed Essay • Compare and Contrast the power of the judiciary in different political systems -25 mins Plan your essay (5 mins)

9. Homework for 6/05/13 • Outline and mind map the differences and similarities between the US Supreme Court and UK House of Lords. • Complete the essay: • Compare and Contrast the roles and functions of the Supreme Court with the House of Lords? -40 mins 3. Complete the exam paper to time