Rational, Cultural, and Structural Approaches: UK vs. US Supreme Courts (Edexcel A-Level Politics): Flashcards

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Rational, Cultural, and Structural Approaches: UK vs. US Supreme Courts
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Rational approach: 3 key focus areas

Self-interest, goals, strategic calculations

Cultural approach emphasis

Traditions, norms, and values

Structural approach focus

Institutional framework and legal structures

UK key principle limiting judicial power

Parliamentary sovereignty

US Supreme Court justices tenure length

Appointed for life

UK Supreme Court establishment year

2009

Case establishing US judicial review + year

Marbury v. Madison (1803)

UK constitution type

Uncodified constitution

US constitution type

Codified constitution

UK SC power when law incompatible with ECHR

Declarations of incompatibility (cannot strike down)

UK & US SC similarity: judicial status

Both final court of appeal, highest courts

UK & US judges protection from dismissal

Security of tenure

US judicial culture tradition vs UK restraint

Judicial activism

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