(12) similarities devolution and federalism

Question 1

power exercised at 2 levels

Answer 1

-UK, westminster retains power over constitution, foreign policy, military powers, and immigration, devolved administrations exercise power at a local level over issues such as healthcare and education e.g. westminster determined brexit, scotland has no HE tuition fees
-US, federal government holds enumerated powers over foreign policy and military affairs, states exercise power over healthcare and education e.g. congress determined ukraine war policy, texas determines its taxation laws
-cultural, both systems embrace liberal idea of decentralising power

Question 2

constitutions protect state level power

Answer 2

-UK, sewel convention means UK parliament will not normally legislate on issues on devolved administration without its authority e.g. westminster can’t interfere on scotland’s education policy
-US, 10th amendment reserves non-enumerated powers to states, states elect president via EC, states have a stronghold in the senate e.g. 2016 states elected trump despite clinton having 2.9 million more votes
-cultural, both nations seek to prevent ‘tyranny of the majority’ and like power at a local level

Question 3

both systems rely on the judicial system to settle disputes

Answer 3

-UK, parliament safeguards its constitutional powers, whereas SNP has argued for a more important role for scotland, UKSC can use to constitution to clarify this e.g. refusal to grant scotland a second independence referendum
-US, due to vague constitution, disputes are common, USSC settles disputes between state and federal institutions via its power of judicial review e.g. Dobbs, Obergefell and Sebelius
-cultural, tradition of separate judiciary that settles disputes