Comparitive: Constitutional arrangements Flashcards
(24 cards)
What type of constitution does the US and UK have?
US = CODIFIED
UK = UNCODIFIED
What is the difference in sovereignity in the US and UK?
How does this affect power of judiciary?
US = CONSTITUTION IS SOVEREIGN
UK = PARLIAMENT IS SOVEREIGN
US = gives SCOTUS political power, interprets (judicial review)
Which countries constitution is more easy to amend?
UK Constitution
Requires only Act of Parliament - US requires more support (2/3 majority + 3/4 states)
How is federalism different to devolution?
Federalism embedded in constitution - devolution is not
What are the differences in sources of the US and UK constitution?
US = SINGLE codified document
UK - several sources, 1689 bill of rights, statute law e.g. 1918 Representation of the People Act, common law
What is the difference between sovereignity?
US - constitution is sovereign, power of interpretation by SCOTUS
UK - Parliament sovereign, reinforced by 2019 case (prorogation of Parliament)
What is the difference in the power of checks and balances?
US = formal checks/banaces, hard to push legislation (frequent gridlock)
UK - few formal checks, PM can dominate
What is the difference in separation of powers?
US - seperation, members of executive CANNOT be members of legislature
UK - fusion of powers, executive drawn from legislature BUT judiciary seperate since 2009
What is an example of the lack of checks and balances in the UK?
Main threats to PM come from opposition within own party (e.g. Margaret Thatcher - poll tax) or LACK of majority e.g. Theresa May’s govt in 2017
What is the differences in judicial power betwen the US and UK?
US - SCOTUS can strike down executive actions.federal laws e.g. 2020 - rejected Trump’s attempt to end DACA
UK - no provision in UK but can declare laws as incompatible wioth Human Rights Act e.g. govt denying civil partnerships to opposite sex couples
What is the different in the power of the legislatures when a ruling is made by the Supreme Court?
US = Congress cannot directly overide, pass constitutional amendment
UK = govt can overturn ruling that it has acted illegally by passing fresh legislation
What are the similarites between federalism and devolution?
- Both constitutions did not originally embrace universal suffrage, US e.g. 19th amendment, UK 1969 voting age lowered
- Both allow for powers to be exercised/public services at local level
- Both allow local political traditions
- 2 systems moving closer together, UK (quasi-federal) system
What are the differences between federalism and devolution?
- Federalism = whole of USA, devolution = minority
- US Constitution envisaged clear division/separation of powers e.g. 10th amendment
- Devolution more recent - created by legislation (delegated power so not permanent)
- Powers of states in US greater e.g. death penalty, access to abortion
What are the similarites between the legislatures?
- Both are supreme law-making body - laws passed by states/devolved assembiles cannot conflict
- Both check/scrutinise executive via commitees
- Both bicameral
- Political parties
- Contain members representing geographical areas
What are the differences between Congress and Parliament?
- US - law struck down by SCOTUS, UK - cannot be struck down but “incompatible”
- US - both chambers elected, UK - Commons elected only
- US - chambers have equal power, UK 1911/49 Parliament Acts ensure Lords abide by will of Commons
- US - congressional gridlock if 2 chambers fail to agree, UK - no gridlock between chambers - lords suggest amendments
- US - legislature seperate from executive, UK - executive part of legislature
What are the strengths and weaknesses of the US constitution?
- Difficiult to amend - but can be using judicial review BUT gives to much power to unelected SCOTUS?
- Vague/general - allows it to evolve over time, BUT can lead to conflict e.g. precise meaning 2nd amendment (guns)
- Power shared/spread - gridlock common, difficult to pass reforms BUT preferable to too much power in 1 place
What are the strengths and weaknesses of the UK constitution?
- Easy to amend BUT lead to constantly changing political landscape BUT evolutionary rather than revolutionar
- No rights entrenched BUT protected by statute law but UK signed up to ECHR
- Gives PM considerable power - dominate legislative
How can it be argued that the politics and government of the US and UK are moving closer together?
- Codificiation - e.g. minesterial code
- Federalism: devolution = quasi-federal, federal govt exerts increasing influence e.g. education
- Judiciary more political role - UK SC 2019 - Johnson’s extended prorogation of Parliament was illegal
- Entrenchedrights - UK rights more embedded e.g. 1998 Human Rights Act
What is structural theory?
Focus on institutions/structures of state.
What role of function a structure/institution has within political system.
What is rational theory?
Role of individuals/groups
Logical way to act to maximise positive outcomes for themselves/cause.
What is cultural theory?
Society e.g. historic emphasis on limited govt in US, greater acceptance of hereditary + non-elected aspects in UK
How does the constitution link to structural theory?
- Codified = difficult to formally amend compared to UK
- Parliamentary soverenigity = less powerful SC
- Direct election in US of congressional cchambers = disagreements/gridlock
- US constitution provides seperate branches that can overlap e.g. foreign policy
How does the constitution link to rational theory?
- Constitutional liits - President use informal methods to exert authority
- Individual US SCOTUS judges more politicised than UK
- Federalist nature means pressure groups more likely to lobby e.g. state govt/bureacricies
- US constitution gives direct mandate from voters - UK = PM relies on loyalty of MPs/wider party
- Mid-term elections encourage presidents to pass key legislation in first 2 years e.g. Trump tax cuts
How does the constitution link to cultural theory?
- Codification/entrenched rights of constitution/Bill of Rights reflect desire by Founding Fathers to limit concentration of power
- Evolution/anntiquity of constitution means it still has feudal past e.g. HoL/Royal Assent
- US entrenched rights - Americans aware of rights, UK - greater sense of leaving it to Parliament
