Similarity-Rights protection

Topic 1

Freedom of rights and expression 

US 1

Both US and UK uphold freedom of speech and expression as core democratic principles. In the US, this right is protected under the First Amendment, allowing individuals to voice opinions freely, as demonstrated by landmark ruling like counterman v Colorado (2023) clarifying rules around what counts as illegal ‘true threats’ vs protected free speech

UK 1

In the UK, freedom of speech is safeguarded through common law and the Human Rights Act 1998, aligning with article 10 of the European Convention on Human Rights (ECHR).  

For instance, UK courts have defended press freedom in cases involving public interest journalism, like ZXC v Bloomberg LP (2021) 

Similarity 1

Cultural theory

- shared liberal democrat culture with both societies strongly valuing civil liberties with both countries provide strong legal frameworks to uphold freedom of expression, with protections against gov infringement on speech. 

Topic 2

Role of independent judiciary in upholding rights

US 2

Both US and UK have independent judiciaries that interpret and uphold citizens’ rights.  
US, the judiciary protects rights through judicial review, the power which derives from the landmark 1803 case Marbury v. Madison, cementing the Court's authority to declare any law invalid if they violate the Constitution 

 
Example: 

cases like Obergefell v Hodges (2015), which extended marriage equality. 

UK 2

Similarly, in UK, judiciary applies the Human Rights Act to review government actions to uphold rights, such as in Rwanda Bill 2024 Supreme Court ruling that declared the Rwanda policy unlawful due to risks of "refoulement", declaring acts of incompatibility with HRA 

Similarity 2

Structural analysis;

Rights protection in both countries sit with the judiciary through formal legal channels (Article III in USA, HRA 1998 in UK).

and both judicial systems serve as independent judge in protecting individual rights, ensuring executive actions align with legal and constitutional principles.  

Topic 3

Protection against discrimination 

US 3

Both countries enforce robust anti-discrimination protections. In the US, federal laws like Civil Rights Act 1964 prohibit discrimination based on race, gender, religion, and more, with recent expansion including protection of LGBTQ+ individuals under the Civil Rights Act in Bostock v Clayton Country (2020) 

UK 3

In UK, the Equality Act 2010 offers similar protections, making it unlawful to discriminate based on characteristics like race, gender, age and disability, with For women Scotland v Scottish ministers 2025 clarifying the meaning of sex to biological sex under the act.

Similarity 3

structural theory,

Anti discrimination protection in both systems rest on formal statute (civil rights act 1964 in USA and Equality Act 2010 in UK), ensuring enforcement of framework on all legislation and gov action, protecting individual against discriminatory practices