The extent to which rational approaches (UK and US) 4.6 Flashcards
What guides justices in both the USA and the UK?
rational aprroach
Their own personal judicial philosophies.
How do individual voting preferences affect the judiciary?
rational aprroach
They demonstrate a degree of politicisation.
Where is judicial politicisation especially evident?
rational aprroach
In the US Constitution.
How is Justice Clarence Thomas’ interpretation of the Constitution described?
rational aprroach
Conservative and originalist.
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Which case demonstrates Justice Clarence Thomas’ views on the Second Amendment?
rational aprroach
DC v Heller (2008).
What judicial philosophy persuaded the late Justice Ruth Bader Ginsburg?
rational aprroach
The living constitution.
Which amendment’s clause did Justice Ruth Bader Ginsburg use to recognize same-sex marriage?
rational aprroach
The Fourteenth Amendment’s ‘equal protection’ clause.
In which case did Justice Ruth Bader Ginsburg recognize same-sex marriage?
rational aprroach
Obergefell v Hodges (2015)
How is politicisation less prominent in the UK judiciary?
rational aprroach
Supreme Court justices are sometimes accused of being too liberal and favoring individual rights above state security
Why do individuals and interest groups target the Supreme Court in both the USA and the UK?
rational aprroach
To challenge the legality of laws and argue for their individual rights.
Why does it make rational sense to petition the US Supreme Court?
rational aprroach
The vagueness of the US Constitution allows for strategic legal challenges.
Which organization successfully petitioned for equal rights during the civil rights era?
rational aprroach
The National Association for the Advancement of Colored People (NAACP).
Which case in the UK involved a Christian interest group defending Christians’ rights of conscience?
rational aprroach
The Ashers Bakery case
