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Comparative Politics Categorise
Target Level
C
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0
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1 of 2
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Rational
Cultural
Structural
Both sets of justices have faced criticisms for perceived bias in decision-making and, therefore, are mindful of how they act in order to protect their independence.
Rights are often fought from a personal perspective of perceived inequality and injustice and will use whatever means are available.
It has long been accepted that US Supreme Court rulings are generally a way in which the Constitution can be informally modernised (interpretative amendments). This is less established in the UK, although it has been seen in more recent times.
Justices in both the USA and the UK are, to an extent, guided by their own judicial views, including their views on the respective Constitutions.
Pressure groups in the USA have a longer-established tradition of activity and membership than in the UK, although they are becoming more prominent in the UK.
Ultimately, both courts lack the power to enforce the decisions that they have made (although those decisions are usually followed). There is an established acceptance that their rulings are final (although less so in the UK).
The USA has a far higher expectation (and more established tradition) of protection of rights than the UK.
The codeified and entrenched nature of the US Constitution − compared to the uncodified nature of the UK's − means that rights protections are far stronger than in the UK as statute law (and the UK Constitution) can be easily repealed.
The composition and nature of the justices in both countries is heavily dependent on the appointment processes for both Supreme Courts.
The respective Constitutions state the power and extent of power for the Supreme Courts. In this respect, the US Supreme Court is more powerful than the UK Supreme Court.