(12) differences between checks on legislatures

Question 1

USSC can rule AofC unconstitutional

Answer 1

-UK, UKSC cannot rule AofP unconstitutional due to parliamentary sovereignty, only make declarations of incompatability e.g. DOI issued in relation to sexual offences act 2003
-US, USSC can rule AofC unconstitutional, meaning the law is invalid and no longer applies e.g. voting rights act 1965 ruled unconstitutional
-cultural, UK practices parliamentary sovereignty but the US practices constitutional sovereignty

Question 2

parliament is sovereign but congress has constitutional limits

Answer 2

-UK, parliament is free to make any laws and cannot be bound by its predecessor/bind another e.g. 2019 tory manifesto pledged to repeal HRA and replace with a BBOR
-US, congress is limited by its enumerated powers in the constitution e.g. dobbs ruling showed the limits of federal power over abortion
-structural, US constitution establishes checks and balances on all branches of government

Question 3

stronger party control in the UK

Answer 3

-UK, well established party system with whips being able to threaten punishments/offer promotions, careerists must be loyal to receive promotions e.g. Johnson suspended the whip of 21 tory MPs
-US, MOCs cannot be deselected, unlike the UK and are much more focused on constituency interests e.g. Manchin cannot be controlled over the issue of coal mining
-rational self interest, the behaviour of MPs and MOCs is driven by rational self interest