Comparative Approaches - Topic 6.5

Question 1

Similarties between the US and the UK Supreme Courts

In terms of rational theory

Answer 1

• Justices in both countries are guided by their personal judicial philosophies. This may include advancing their own political philosophy through their rulings too
• Those fighting for rights are often doing so from a point of personal inequality and using whatever access points are available to them to do this
• Justices in both countries should be aware of potential legitimacy questions posed by an unelected and unaccountable Supreme Court and they may therefore act to ensure their own power is protected

Question 2

Similarties between the US and the UK Supreme Courts

In terms of cultural theory

Answer 2

• In the US, there is an acceptance that Supreme Court rulings are a way of informally updating the US Constitution. This is a growing feature of UK Supreme Court rulings
• Neither Supreme Court has any power to enforce its rulings; the acceptance of rulings is therefore largely based on cultural acceptance of the power of each Court even though it is unelected

Question 3

Differences between the US and the UK Supreme Courts

In terms of cultural theory

Answer 3

• The cultural expectation of the protection of rights is far higher in the US than in the UK

Question 4

Similarties between the US and the UK Supreme Courts

In terms of structural theory

Answer 4

• The power that each Court has is highly determined by the constitutional framework in the country, as is the independence and neutrality of the Supreme Courts

Question 5

Differences between the US and the UK Supreme Courts

In terms of structural theory

Answer 5

• The ideology and neutrality of the justices in both countries are in part determined by the process by which they are appointed to the Supreme Court
• The entrenched and codified Constitution in the US gives a far stronger protection of rights that the statute law that protects rights in the UK