Exam-style question
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Which evidence is most relevant when evaluating judicial power and independence? Use the relevant domain vocabulary: judicial review, parliamentary sovereignty, constitutional supremacy, appointments, tenure, precedent and rights adjudication.
- A.a named ruling, appointment process, constitutional provision or institutional conflict explained for both the UK and USA before reaching a judgement.
- B.An unsupported claim about which country is more democratic.
- C.A historical detail with no connection to the approved comparison.
- D.A personal preference presented as proof of institutional effectiveness.
Model answer
What a good answer should say
- The correct answer is a named ruling, appointment process, constitutional provision or institutional conflict explained for both the UK and USA before reaching a judgement.
Explanation
Why this works
a named ruling, appointment process, constitutional provision or institutional conflict explained for both the UK and USA before reaching a judgement. This is correct because AO3 evaluation must test viewpoints using a named ruling, appointment process, constitutional provision or institutional conflict rather than unsupported opinion.
Apply judicial review, parliamentary sovereignty, constitutional supremacy, appointments, tenure, precedent and rights adjudication precisely. the UK Supreme Court interprets law within parliamentary sovereignty, whereas the US Supreme Court can invalidate legislation that conflicts with the codified Constitution.
A structural viewpoint emphasises formal rules; however, a rational or cultural viewpoint may explain how actors use those rules. Overall, judge the evidence from a named ruling, appointment process, constitutional provision or institutional conflict and explain whether constitutional foundations alter judicial power, appointments and political impact for "Analyse and evaluate the nature of judicial power and the constitutional role of the Supreme Court.".
Common mistake
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