17.6 - Comparisons with the Constitution of the UK

Question 1

What are the three comparative theories?

Answer 1

• Rational
• Cultural
• Structural

Question 2

What is the rational comparative theory?

Answer 2

Individuals as the key to explaining behaviour and outcomes in a system.

All individuals will evaluate choices they have and make the best choice for them personally.

Essentially, individuals (MPs, Congressmen, PM, President etc.)

Question 3

What is the cultural comparative theory?

Answer 3

Focuses on cultural norms and expectations as the key to explaining behaviour and outcomes in a system.

Some political actions can be explained by a shared belief.

Essentially, groups (pressure groups, parties, voting groups etc.)

Question 4

What is the structural comparative theory?

Answer 4

Focuses on the system or organisation as they key in determining behaviour and outcome within a system.

Some outcomes are determined by institutions and processes of political systems.

Essentially, institutions (Parliament, Congress, other political processes etc.)

Question 5

When are comparative theories used?

Answer 5

When analysing differences or similarities between the UK and USA, you must consider which theory/s best explain why it exists.

Question 6

Rational comparisons between the US and UK constitutions.

Answer 6

• US citizens have their rights protected and enshrined in the Bill of Rights whereas UK citizens have their rights determined by government.
• The separation of powers and checks and balances in the US constitution allow its citizens greater individual influence than their UK counterparts.

Question 7

Cultural comparisons between the US and UK constitutions.

Answer 7

• The US constitution as codified due to a violent uprising. The UK constitution is uncodified due to evolution over time.
• The cultural expectation of protection of rights is much more salient in the US than the UK.
• Both constitutions have a level of flexibility. There is no pressure for codification in the UK which is highly flexible. The SCOTUS essentially gives informal updates to the Constitution. (Roe v Wade being overturned despite no change in that article of the Constitution means that informal updates do occur)

Question 8

Structural comparisons between the US and UK constitutions.

Answer 8

• Political processes are outlined in the constitution of each country.
• The nature and strengths of governments in each country are a direct consequence of the political system in each country.
• The vastly different amendment processes are determined by their constitution.
• The location of sovereignty is a direct result of political processes.

Question 9

How do the UK and US constitution differ?

Answer 9

• Codified vs. uncodified.
• Principles (fused powers vs separation of powers respectively)
• Location of sovereignty (US constitution as sovereign vs UK parliament as sovereign)
• Checks and balances (scrutiny of policy tends to be higher in the US than UK)
• Protection of rights (Bill of Rights stronger than the HRA 1998)
• Flexibility (US is less flexible due to lengthy amendment process)

Question 10

How do US federalism and UK devolution differ?

Answer 10

Despite looking similar, the power flows from Westminster out. (A unitary system) This therefore means that Parliament could revoke these powers at any point.

Federalism in the US would make this almost impossible.

Question 11

How are US federalism and UK unitarism similar?

Answer 11

• Devolved overnment is directly responsible and relevant for citizens under its power. (Scotland abolishing tuition fees is similar to US states deciding on education policy. US decision was infringed by NCLB and ESSA)
• Devolved government has had spats with central government on occasion. (Scottish Parliament inability to call Scottish ref. on independence or states being overruled by federal law or SCOTUS rulings)
• Both systems are flexible to some degree.