Edexcel A-Level Politics | Component 3A: USA | 2027 Predicted Paper | Mark Scheme Question 2
Analyse the differences in the independence of the Supreme Courts in the USA and the UK
In your answer you must consider the relevance of at least one comparative theory.
(12 marks)
“Analyse” requires students to explain how and why the independence of the two Supreme Courts differs, rather than simply describing each court. The question is worth 12 marks, split equally between AO1 and AO2, and Pearson recommends about 15 minutes. There is no AO3, so students do not need to decide which system is better or write an overall judgement. However, because this is Question 2, at least one comparative theory must be properly explained and integrated for the response to reach Level 4.
Pearson's 2024 examiner report is particularly clear on this point. Merely adding a phrase such as “this is structural theory” is insufficient. The theory has to explain the comparison and must be applied to both countries. One well-developed use of one theory is enough, there is no requirement to use all three.
Levels-based mark scheme
Level | Marks | Indicative characteristics |
Level 4 | 10-12 | Accurate and effectively selected knowledge of both Supreme Courts. Sustained, explicit comparative analysis with developed explanations of the differences. At least one comparative theory is accurately explained and integrated into the comparison. |
Level 3 | 7-9 | Mostly accurate knowledge and generally developed comparison. Analysis may be uneven, or comparative theory may be mentioned without sufficient explanation or application. |
Level 2 | 4-6 | Some relevant knowledge but the response is partly descriptive, comparisons are underdeveloped, or the two countries are treated separately. |
Level 1 | 1-3 | Limited or superficial knowledge with little meaningful comparative analysis. |
0 | 0 | No rewardable material. |
The question falls directly within Edexcel's comparative content on the US and UK Supreme Courts, including their relative independence, and the specification requires students to apply rational, cultural and structural approaches to these comparisons.
Indicative content
The material below is indicative rather than exhaustive. Other accurate and directly comparative arguments should be rewarded.
Difference 1: US Supreme Court appointments involve elected politicians much more directly
In the USA, Supreme Court justices are nominated by the President and require confirmation by the Senate. The appointment process therefore gives two elected political institutions direct control over who reaches the Court. Article III judges then serve during “good behaviour”, effectively giving them life tenure unless they resign, retire or are removed through impeachment.
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