AO1: In both countries, there is a separation of powers between the Supreme Court and the legislative and executive branches- this is explicitly defined in the US Constitution and enshrined in legislation in the UK in the 2005 Constitutional Reform Act AO2: • This allows the courts in both countries to operate without fear of interference by the other branches AO1: • the US Constitution clearly outlines the checks and balances on the Supreme Court, but in the UK this is not formally entrenched AO2: • The US Constitution, in theory, prevents the US Supreme Court from being dominated by legislative or executive influence, and also from being over-powerful e.g. appointments process can influence makeup of court; the UK Supreme Court, however, is theoretically more subject to influence as the appointments process is less well scrutinised, and can be altered without a formal constitutional amendment AO1: • Neither country’s Supreme Court can be directly overruled or have decisions overturned by lower courts or the legislature or executive AO2: • This allows both Supreme Courts to make rulings based on their interpretation of the law and precedence rather than considering potential appeals AO1: • The US Supreme Court is the highest court in the land and cannot be overruled by any other court, but the AO2: UK’s membership of the European Convention of Human Rights allows UK Supreme Court rulings to be challenged in the European Court of Human Rights (on ECHR cases only) AO1: • This makes the US Supreme Court more independent than the UK, as it cannot be overruled except by decisions made by later courts whereas the UK can and is overruled at times by appeals to the European Court of Human Rights AO2: • Removal from office in both countries must be carried out by the political bodies rather than judicial colleagues: justices are tried and convicted by the Senate in the US, and removed by the monarch in the UK after an address by both Houses of Parliament AO1: • This enhances the checks and balances that exist in the US, and allows the legislature in both countries to impeach judges for failure to comply with their duties rather than for political reasons