Comparison Sheets:
Supreme Court Executive
Legislative Constitution
Pressure Groups Centralised Powers
, Comparison Sheet: Supreme Court
Supreme Court of the United Kingdom (SCOTUK) Supreme Court of the United States (SCOTUS)
The Justices • Lord Reed – Constitutional and Human Rights Law [President] • John Roberts – Institutional Legitimacy, Swing Justice [Chief Justice]
• Lord Hodge – Finance and Corporate Law [Deputy President] • Clarence Thomas – Originalism, Natural Law and 2nd Amendment
• Lord Lloyd-Jones – International and Criminal Law • Samuel Alito – Religious Liberty and Free Speech
• Lord Briggs - Commerce Law and Civil Justice • Sonia Sotomayor – Civil Rights and Criminal Justice
• Lord Sales – Public Law and Data Protection • Elena Kagan – Administrative Law and based on Constitutionality
• Lord Hamblen – Trade, Maritime and Commerce Law • Neil Gorsuch – Textualism and Separation of Powers
• Lord Leggett – Humna Rights and Contract Law • Brett Kavanaugh – Executive Power and National Security
• Lord Burrows – Contract and Tort Law • Amy Coney Barret – Originalism and Religious Freedom
• Lord Stephens – Criminal and Human Rights Law • Ketanji Brown Jackson – Criminal Law and Civil Liberties
• Lady Rose – Regulatory and Consumer Law
• Lord Richards – Corporate and Finance Law
• Lady Simler – Employment and Equality Law NB: Colours refer to political affiliations, Roberts is a Swing Justice, Republican and Democrat.
Key Cases • Miller v. Secretary of State for Exiting the EU (2017) [Miller I] - Government required • Marbury v. Madison (1803) – Established Judicial Review as a check on power.
Parliamentary Approval before triggering Article 50 of Lisbon Treaty. • Roe v. Wade (1973) – Yes to Abortion under 14th Amendment.
• Miller v. The Prime Minister (2019) [Miller II] - Johnson’s advice to the Queen to prorogue • Dobbs v. Jackson (2022) – Overturned above precedent.
Parliament prevented functioning, unlawful. • Obergefell v. Hodges (2015) – Legalised and prevented states form banning same-sex
• For Women Scotland Ltd. v. The Scottish Ministers (2025) - A women is defined legally as a marriage.
biological female, not a transgender male. • McCulloch v. Maryland (1819) – Established second national bank in Maryland and ruled
• Friends of the Earth v. Heathrow (2020) - Government had taken sufficient notice of Congressional implied powers and federal authority trump that of the states.
climate change pledges. • Learning Resources, Inc. v. Trump (2026) - Ruled Trump’s tariffs to be unconstitutional.
• Ridge v. Baldwin (1964) - Created Judicial Review, expanding ‘natural justice’ into • Brown v. Board of Education (1954) - Overturned above, called for school desegregation.
administrative proceedings. • Shelby County v. Holder (2013) – overturned part of the Voting Rights Act 1965.
• UNISON v. Lord Chancellor (2017) - Tribunal fees were unlawful and restricted access to • Miranda v. Arizona (1966) – US law enforcement must caution constitutional rights.
justice (HRA). • Citizens United v. FEC (2010) – Campaign Finance a form of 1st Amendment free speech.
• Nicklinson v. Ministry of Justice (2014) - Parliament's jurisdiction to define Assisted Dying • Grutter v. Bollinger (2003) – Affirmative Action appropriate.
Laws, not the Supreme Courts. • Fisher v. Uni of Texas (2013) – Confirmed above ruling on Affirmative Action.
• Adams v. Secretary of State for Justice (2020) – Wrongly convicted do not have to prove • Fisher v. Uni of Texas (2016) – Reconfirmed AA but stated scrutiny was needed.
innocence to receive compensation. • Students for Fair Admissions v. Harvard (2023) – AA unconstitutional.
• R (AAA) v Secretary of State for the Home Department (2023) – The Court held the Rwanda • Trump v. US (2024) – Complete Presidential immunity for official acts in office.
Scheme to be unlawful and potentially defiant of the HRA 1998. • US v. Nixon (1974) – 9-0 ruling that Nixon had to hand over the Watergate files.
¼ of the court specialises in Human Rights. The US Supreme Court Justices have no specialisms whatsoever.
Key Facts •
• Generally, between 5 and 9 justices try a case, Miller II saw 11 justices.
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• All justices present for a case, except in exceptional circumstances.
• Rulings and Judicial Review can declare incompatibility with the Human Rights Act (1998). • Rule based on constitutionality, rulings are binding and must be adhered to by all.
• No enforcement power due to Parliamentary Sovereignty. • Enforcement power of the Constitution, no other court can overrule them.
• All 12 justices sit on the Privy Council and the Judicial Committee of the Privy Council (JCPC) [final • Writ of Certiorari to select cases, approx. 1% of cases will be heard. Cases will often set the
court of appeal for overseas cases]. Approximately 10-15% of cases will be heard. precedent for national policy, leading to accusations of an Imperial Judiciary.
• Established in 2009 after the Constitutional Reform Act (2005) began the process for removing the • Established in 1789 under Article 3 of the Constitution.
Law Lords from the House of Lords. • Originalism = At time of writing. Loose and Strict Constructionist = Degrees of modernity, activism.
• Justices are checked by the Judicial Appointments Committee (JAC) and must have 15 years of legal • Justices are nominated by the President and confirmed/appointed officially by the Senate who also
experience in high judicial office. Can be removed by monarch with HoC and HoL consent. have the power to impeach justices.
• ‘Stare Decisis’ – Let the decision stand (Judicial Restraint). • ‘Stare Decisis’ – Let the decision stand (Judicial Restraint).
• 1/6 of the court is female. • 4/9 of the court is female.
• Heavily focused on Judicial Independence, security of pay, must retire at 75. • Independent in theory, ideological affiliations arise due to Presidential nomination.
• There has never been a Supreme Court justice from a minority background (e.g. Black). • More diverse, Marshall, Thomas, Jackson (Black), Sotomayor (Hispanic), Ginsburg (Jewish).