The extent to which cultural approaches (UK and US) 4.6 Flashcards

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1
Q

How old is the US Supreme Court compared to the UK Supreme Court?

cultural approaches

A

US - old
UK - 2010

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2
Q

Since which case is the US Supreme Court culturally accepted as having the power of judicial review?

cultural approaches

A

Marbury v Madison (1803).

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3
Q

How does the US Supreme Court informally update the Constitution?

cultural approaches

A

Through its legitimate power of judicial review.

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4
Q

Why is the US Supreme Court prominent in civil rights milestones?

cultural approaches

A

Due to its numerous landmark cases.

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5
Q

What makes the UK Supreme Court less prominent in civil rights history?

cultural approaches

A

Its status as a relative newcomer.

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6
Q

What are principal landmarks in the UK’s civil rights progress?

cultural approaches

A

the Race Relations Act (1965) and the Abortion Act (1967).

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7
Q

How are the rulings of both Supreme Courts culturally accepted?

cultural approaches

A
  • The US Supreme Court is held in greater reverence due to its long history and tradition
  • the UK Supreme Court is catching up with high-profile decisions.
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8
Q

Which cases demonstrate the high-profile decisions of the UK Supreme Court?

cultural approaches

A

R(Miller) v The Prime Minister and Cherry v Advocate General for Scotland (2019)

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9
Q

How does the US culture of rights protection manifest in legal expectations?

cultural approaches

A
  • Individuals
  • political parties
  • interest groups
  • voting rights
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10
Q

Which case reaffirmed the right to individual gun ownership in the US?

cultural approaches

A

D.C. v Heller (2008).

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11
Q

What historical document created the first limitation to the power of the monarchy in the UK?

cultural approaches

A

Magna Carta (1215).

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12
Q

Which Act guaranteed basic rights for Parliament in the UK?

cultural approaches

A

The Bill of Rights (1689).

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13
Q

What does the Human Rights Act (1998) do in the UK?

cultural approaches

A

It regularly protects the human rights of citizens against overreach by the executive/legislature.

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14
Q

What are the competing judicial cultures in both countries?

cultural approaches

A

Judicial restraint and activism.

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15
Q

Which case is a classic example of judicial restraint in the USA?

cultural approaches

A

Lyng v Northwest Indian Cemetery Protective Association (1988).

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16
Q

Which cases are examples of judicial activism in the USA?

cultural approaches

A

Brown v Board of Education of Topeka (1954), Bush v Gore (2000), and Obergefell v Hodges (2015).

17
Q

How has judicial activism been demonstrated in the UK?

cultural approaches

A

R v Chaytor and others (2010).

18
Q

Which case ruled unlawful the use of secret evidence in court by the intelligence services in the UK?

cultural approaches

A

Al Rawi v The Security Service (2011).

19
Q

How did the UK Supreme Court demonstrate judicial restraint in Begum v Home Secretary (2021)?

cultural approaches

A

By upholding the Home Secretary’s refusal to allow Shamima Begum to return to the UK on grounds of national security.