Theoretical Approaches to the Judiciaries (AQA A-Level Politics): Flashcards

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Theoretical Approaches to the Judiciaries
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Three theoretical frameworks for comparing judiciaries

Structural (institutions), rational (individuals), cultural (values)

Structural theory focus

How political institutions shape judicial power and independence

Security of tenure meaning

Justices cannot be easily removed from office

Parliamentary sovereignty in UK

Parliament is supreme legal authority; can create/overturn any law

US Supreme Court power re: Congress laws

Can strike down laws if deemed unconstitutional

US vs UK Supreme Court appointment process

US: President/Senate (political); UK: independent commission

Judicial activism definition

Bold interpretations of law that significantly shape policy

Dissents in judicial decisions

Minority opinions explaining why justices disagree with majority

Magna Carta year and significance

1215; established principle of due process and lawful imprisonment

US vs UK Supreme Court public profile

US higher (landmark cases); UK lower (defers to Parliament)

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