The Judiciary: A comparative Approach 1.Overview: Outline the US and other Judicial Systems functions (Mind mapping with poster) -20 mins 2.What Comparisons can be made of the US with other judiciaries? 40 mins 3.Exam Paper Focus: What are exam questions asking you to do? 4.Timed Essay: Comparative Judicial Systems 5.Homework

Create a Mind Map /Outline Poster of the US and UK Judicial Systems (40 mins) 1.Using books/net find out: What is a judicial System? 2.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

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

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

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

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)

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?

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

Homework for 6/05/13 1.Outline and mind map the differences and similarities between the US Supreme Court and UK House of Lords. 2.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