A LevelPoliticsEdexcelRevision Notes3a. Comparative Politics: Government & Politics of the USA (Option Unit)3a.4 US Supreme Court & Civil RightsComparative Approaches: Protection of Civil Rights

Comparative Approaches: Protection of Civil Rights (Edexcel A Level Politics): Revision Note

Exam code: 9PL0

Sarra Jenkins

Written by: Sarra Jenkins

Reviewed by: Steve Vorster

Updated on

Protection of rights in the UK and US

Examiner Tips and Tricks

In each of the similarities and differences below, a suggestion is given as to which theory might explain this.

  • This does not mean this is the ‘right’ answer

    • In most cases, multiple theories can be used to explain a similarity or difference

  • For Question 1a and 1b, no theories are required

    • They are only required in Question 2

  • More information on the three theories – structural, rational and cultural – can be found on the page 'Introduction to Comparative Approaches'

Similarities

Similarity

Explanation + example

Theory explanation

Judicial protection of rights

  • Both courts protect civil liberties

  • US Obergefell v Hodges (2015) on same-sex marriage

  • For Women Scotland v Scottish Ministers (2025) on women’s rights

  • This could be explained by structural theory as formal institutional mechanisms make the Courts a useful mechanism via which groups can attempt to protect rights

Legislation codifying rights

  • US Bill of Rights (1791) and UK Human Rights Act (1998) codify rights protections

  • This could be explained by structural theory, as legal frameworks formally guarantee rights

The role of interest/pressure groups

  • In both the US and UK, interest groups and pressure groups can help to protect rights through mobilisation of the public, attempted influence over legislation, or utilisation of the judiciary

  • This could be explained by cultural theory, as the shared belief of interest groups can garner support to create pressure for rights protection

Equality before the law

  • Both constitutions establish equality before the law for all

  • This could be explained by rational theory, as judicial decisions can uphold social stability

Influence of public opinion

  • Rights protection often responds to societal pressure in any branch of government

  • This could be explained by cultural theory as societal norms shape political behaviour

Differences

Difference

Explanation + example

Theory explanation

Entrenchment of rights

  • US rights are constitutionally entrenched and strongly protected

  • UK rights can be amended by Parliament

  • Proposals to replace the Human Rights Act with a British Bill of Rights

  • This could be explained by structural theory reflecting formal legal differences

Scope of judicial review

  • US courts can overturn federal and state legislation

  • Dobbs v Jackson (2022)

  • UK courts cannot strike down primary legislation from Parliament

  • This could be explained by structural theory explaining the differences in legal powers under the constitutions and location of sovereignty

Protection of voting rights

  • The US has the Voting Rights Act (1965) but this was weakened by Shelby County v Holder (2013)

  • The UK has universal suffrage enforced via statute

  • This could be explained by rational theory explaining strategic manipulation of rights by political actors to gain political advantage

Influence of federalism/devolution

  • US states control key civil rights

  • Abortion laws in Texas

  • In the UK, devolved governments have limited autonomy in rights enforcement

  • This could be explained by cultural theory reflecting local norms and identities affecting policy, as well as historical differences over the expected location of power

Litigation as a primary tool

  • US civil rights are often advanced via court cases

  • The UK often relies on parliamentary legislation

  • This could be explained by structural theory, given the differing locations of sovereignty in the US and UK

Interest groups and the protections of rights in the US and UK

Similarities

Similarity

Explanation and example

Theory explanation

Litigation to protect rights

  • Both US and UK interest groups use the courts to defend civil liberties

  • US: NAACP Legal Defense Fund challenged voter ID laws in North Carolina in NAACP v. State of North Carolina (2016)

  • UK: Liberty intervened in R (Miller) v Secretary of State for Exiting the European Union (2017)

  • This could be explained by structural theory because the legal system provides formal avenues for these organisations to influence government behaviour

Lobbying for legislative change

  • Interest groups seek to influence Parliament or Congress directly

  • US: ACLU lobbied Congress after the Snowden disclosures (2015–16).

  • UK: Stonewall lobbied Parliament on transgender protections in the Equality Act (2010) and in 2019 for updated guidance on gender recognition

  • This could be explained by rational theory as strategic action to achieve desired policy outcomes for individuals

Use of public campaigns

  • Both countries’ interest groups mobilise public opinion to protect rights

  • US: Human Rights Campaign ran a 2020 media campaign on LGBTQ+ protections

  • UK: Liberty ran the “Protect the Human Rights Act” campaign in 2018

  • This could be explained by cultural theory because social norms and values drive collective support

Coalition-building

  • Groups form alliances to strengthen influence

  • US: civil rights NGOs filed amicus briefs in Shelby County v Holder (2013)

  • UK: Liberty joined with Amnesty International UK and Stonewall in 2018

  • This could be explained by rational theory, as coalition-building is a deliberate strategy to maximise influence in the interest of the specific groups

Funding and resource influence

  • Well-resourced groups can be more effective

  • US: NRA spent over $30 million in 2020 to influence gun-related legislation and elections

  • UK: Liberty’s funding supported legal challenges to the Investigatory Powers Act (2016)

  • This could be explained by rational theory because resource allocation is a strategic tool

Differences

Difference

Explanation and example

Theory explanation

Access to courts

  • US groups can directly challenge laws in federal courts

  • Shelby County v. Holder (2013)

  • UK groups must rely on judicial review of executive action

  • This could be explained by structural theory, as this difference arises from formal legal frameworks and the location of sovereignty

Political lobbying intensity

  • US PACs and Super PACs give direct electoral influence through campaign finance

  • UK lobbying is more regulated and cannot fund parties directly in the same way

  • This could be explained by structural theory reflecting the institutional rules governing electoral processes

Partisan alignment

  • US groups often align with parties

  • NRA with Republicans

  • UK groups like Liberty remain non-partisan to maintain credibility

  • This could be explained by cultural theory showing the norms shaping organisational behaviour

Scope of influence

  • US groups influence state-level and federal policies due to a greater number of political access points than in the UK political system

  • This could be explained by structural theory as the political structure determines the access points in each system

Litigation costs and frequency

  • US groups file high-cost lawsuits frequently

  • UK litigation is rarer and slower

  • Liberty’s 2018 surveillance challenge

  • This could be explained by rational theory due to the strategic resource deployment to achieve the goals of an interest group

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Author
Reviewer
Sarra Jenkins

Author: Sarra Jenkins

Expertise: Content Writer

Sarra is a highly experienced A-Level Politics educator with over two decades of teaching and examining experience. She was part of the team that wrote the Edexcel 2017 Politics Specification and currently works as a Senior Examiner. A published author of 14 textbooks and revision guides, her expertise lies in UK and US politics, exam skills, and career guidance. She continues to teach, driven by her passion for this "evolving and dynamic subject".

Steve Vorster

Reviewer: Steve Vorster

Expertise: Economics & Business Subject Lead

Steve has taught A Level, GCSE, IGCSE Business and Economics - as well as IBDP Economics and Business Management. He is an IBDP Examiner and IGCSE textbook author. His students regularly achieve 90-100% in their final exams. Steve has been the Assistant Head of Sixth Form for a school in Devon, and Head of Economics at the world's largest International school in Singapore. He loves to create resources which speed up student learning and are easily accessible by all.