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1. Seperation of powers
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Outline the role of the judiciary with the comparison to the judicial systems within the USA

The US and the UK have very different judicial systems. ... However in both the US and the UK the judiciary acts as guardians of the law, has to be impartial and enforce the law and protect the civil liberties of the country. The judiciary also interpret the statutes; establish judicial precedents and it acts as a check on the other branches of government. ...

One of the major roles of the judiciary is to maintain judicial independence. ... Many judges within the US have been linked to the Republican Party. In the UK the judiciary is perceived as conservative and via the stigma that precedes the House of Lords this can be said to be true. This is demonstrated through the majority of decisions made by the judiciary that are hostile to groups that challenge their needs, including Trade Unions and Ethnic Groups. ... Some theorists suggest that the judiciary is now independent, liberal and open-minded. ...

The appointment of the judiciary is also a very important aspect of the judiciary in both countries. ...

The Process of Judicial review occurs in both the US and UK. Judicial review is the process of deciding whether or not legislation that has been passed is constitutional. It also allows for the Judiciary to establish constitutional procedure with the power to take action such as that which is not made clear or in the constitution. In the UK a statute law is automatically constitutional and Parliament can immediately change a law if that law has been declared unconstitutional by judicial ruling. Alternatively in the USA, judicial review is a contentious issue because there are large sections of society that believe in what the constitution says and not what the judges rule. ... Judicial review is fairly uncommon in the UK because laws are so tightly drafted and consequently decisions are only really challenged when a decision is said to have gone beyond a certain body’s powers or Ultra Vires.


Approximate Word count = 1489
Approximate Pages = 6
(250 words per page double spaced)
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