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

Comparative Approaches: UK & US Supreme Courts (Edexcel A Level Politics): Revision Note

Exam code: 9PL0

Sarra Jenkins

Written by: Sarra Jenkins

Reviewed by: Steve Vorster

Updated on

Comparing UK and US Supreme Courts

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'

The power of the Supreme Court

Similarities

Similarity

Explanation and example

Theory explanation

Judicial review of executive actions

  • US Supreme Court and UK Supreme Court can both review executive behaviour through judicial review cases

  • This could be explained by structural theory because the powers stem from formal legal structures

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 cultural theory as societal norms and values shape the courts’ prioritisation of rights

Final appellate authority

  • Both act as highest courts in their systems

  • This could be explained by structural theory since formal institutional hierarchy grants ultimate legal authority

Influence on legislation

  • The courts can shape policy indirectly

  • US Dobbs v Jackson (2022) affected state abortion laws

  • UK Supreme Court rulings influenced Brexit withdrawal strategy

  • This could be explained by structural theory because the powers stem from formal legal structures

Independent interpretation

  • Judges make rulings without executive approval and based on their interpretation of the law, legal precedent and the constitution

  • This could be explained by cultural theory, reflecting norms of judicial independence and professionalism

Differences

Difference

Explanation and example

Theory explanation

Power to strike down legislation

  • US courts can declare a law unconstitutional and therefore strike it down

  • UK courts cannot overturn Acts of Parliament

  • This could be explained by structural theory because this is determined by the formal constitutional framework

Constitutional entrenchment

  • US judicial power comes from a codified Constitution

  • UK courts rely on statute and conventions for their existence

  • This could be explained by structural theory, explaining the difference in formal legal authority given the differing legal basis and location of sovereignty

Case selection

  • The US Supreme Court has discretion over the cases it takes

  • The UK Supreme Court has a lot of discretion, but there are certain cases it must hear

  • This could be explained by structural theory reflecting the institutional procedures

Lifetime vs retirement

  • US justices serve for life

  • UK justices retire at 75

  • This could be explained by structural theory, as tenure rules are defined by law

Political influence

  • US appointments are highly politicised

  • UK appointments are less politicised

  • This could be explained by cultural theory as norms and traditions shape the politicisation level and expectations within each country

The independence of the Supreme Court

Similarities

Similarity

Explanation and example

Theory explanation

Security of tenure

  • The US has lifetime judicial appointments

  • The UK retirement at 75 also protects judicial independence

  • This could be explained by structural theory because legal rules ensure independence by preventing the removal of a justice for political reasons

Protected salaries

  • In the US, judicial salaries cannot be reduced

  • In the UK judges’ pay is legally protected

  • This could be explained by structural theory, as formal laws and constitutional clauses secure judicial independence through the protection of pay

Institutional separation

  • Courts operate independently from executive and legislature

  • This could be explained by structural theory with both branches being a separated part of the government of their respective countries

Professionalism and expertise

  • Appointments require legal experience

  • This could be explained by cultural theory as professional norms and expectations underpin independence through the assurance of judicial expertise

Non-partisan decision-making

  • Courts avoid overt party alignment, with there being cases in both countries that are not easily ascribed to political ideology, or having unanimous rulings

  • This could be explained by cultural theory explaining a reliance on judicial norms and expectation of independence

Differences

Difference

Explanation and example

Theory explanation

Appointment process

  • US Senate confirmation is political

  • The UK Judicial Appointments Commission recommends candidates more neutrally

  • This could be explained by structural theory reflecting the formal mechanisms controlling appointments outlined in law or constitutional practice

Lifetime vs fixed term

  • US life tenure allows indefinite influence

  • UK retirement limits judicial longevity

  • This could be explained by structural theory, as it stems from formal rules

Political ideology

  • US appointments are often described in ideological terms (liberal or conservative) and are well known

  • UK justices do not appear to be politically overt and are less well-known public figures

  • This could be explained by cultural theory reflecting the expected behaviour of justices

Judicial review scope

  • US can overturn federal and state law

  • The UK Supreme Court cannot overturn Acts of Parliament

  • This could be explained by structural theory, as institutional design determines the scope and power of the judiciary

Removal mechanism

  • US judges are removable only via impeachment

  • UK judges are removable via the monarch following a formal address passed by the House of Commons and House of Lords, and requires proof of misbehaviour

  • This could be explained by structural theory because removal rules are legally defined

Unlock more, it's free!

Join the 100,000+ Students that ❤️ Save My Exams

the (exam) results speak for themselves:

I would just like to say a massive thank you for putting together such a brilliant, easy to use website.I really think using this site helped me secure my top gradesin science and maths. You really did save my exams! Thank you.

Beth
IGCSE Student

This website is soooo useful and I can’t ever thank you enough for organising questions by topic like this. Furthermore, the name of the website could not have been more appropriate as it literally did SAVE MY EXAMS!

Fathima
A Level Student

Incredible! SO worth my money, the revision notes have everything I need to know and are so easy to understand. I actually enjoy revising! It makes me feel a lot more confident for my GCSEs in a few months.

Kate
GCSE Student

Absolutely brilliant, both my girls used it for A levels and GCSE. It's saves on paper copies, also beneficial exam questions ranked from easy to hard. It's removed a lot of stress from the exams.

Sameera
Parent

Just to say that your resources are the best I have seen and I have been teaching chemistry at different levels for about 40 years

Mark
Chemistry Teacher

Excellent

Our rating represented in Trustpilot stars
Read more reviews
Previous:Current Debates & InterpretationsNext:Comparative Approaches: Protection of Civil Rights
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.