> But the highly politicized nature of the U.S. Supreme Court makes the process more subjective than is necessary. For the most part, High Courts in other countries aren't discovering new rights in statutes and Constitutional provisions written decades or hundreds of years ago.
Most countries have something closer to a civil law as opposed to common law basic system; and most of the ones that have a common law system also have parliamentary sovereignty as part of their Constitutional order, whether or not they have an actual written Constitution; this doesn't really change the basic subjectivity of legal decisionmaking, but the combination of a common law tradition which frames interpretation of the Constitution and the absence of parliamentary sovereignty gives the US Supreme Court more scope than most high courts have to start with, and more scope naturally means more room for subjectivity to manifest.
Most countries have something closer to a civil law as opposed to common law basic system; and most of the ones that have a common law system also have parliamentary sovereignty as part of their Constitutional order, whether or not they have an actual written Constitution; this doesn't really change the basic subjectivity of legal decisionmaking, but the combination of a common law tradition which frames interpretation of the Constitution and the absence of parliamentary sovereignty gives the US Supreme Court more scope than most high courts have to start with, and more scope naturally means more room for subjectivity to manifest.