Theoretical Approach: Cuktural - The Role Of Shared Ideas And Culture

Question 1

What do both cultures prize

Answer 1

-both cultures prize the rule of law + judicial independence
-this tradition dates back to Magna Carta 1215 which established principle that no one can be imprisoned unlawfully + the new us republic gaining this from its 13 British colonies

Question 2

What else do both counties pride themselves on

Answer 2

-on representing the best of western liberal legal tradition where a strong judiciary holds gov to account + rule of law applies

Question 3

How has this changed

Answer 3

-populism rising in US in the form of Trumpism
-UK electorate decision leave EU + give Johnson a majority in 2019 general election

Question 4

What has populism done to the judiciaries

Answer 4

-populists paint themselves as true representatives of the people + criticised judiciary for thwarting the will of the people
-e.g. daily mail headline ‘enemies of the people’ suggests cultural battle between overly liberal judges + the people politicising judiciary + diminishing public respect for their decisions

Question 5

What in the US has generated bitter cultural battles between liberals + religious groups

Answer 5

-US SC definition of citizens rights via landmark judgments like Roe v Wade 1973 generated bitter battles between liberals + religious groups

Question 6

How does this differ to the UK SC

Answer 6

-UK SC lower public profile + its defence of parl means its judgements are less signif
-creation of independent SC intended make judiciary more accessible to public - role is clearer than that of Law Lords
-high profile judgements like Miller case 2017 raised awareness of SC role but remains less politically signif + less politicised than US SC