2. comparative politics: constitutional arrangements Flashcards
What are the key differences of the UK and US constitutions?
- US is codified while the UK is uncodified
- US is sovereign while UK parliament is sovereign
- UK is flexible to amend requiring only an act of parliament while a formal amendment in the US is complex
- federalism is imbedded in the US while devolution is not
What are the key areas of similarity of the UK and US constitutions?
- both embrace the principles of representative government and democracy
- both in reality have evolved and developed over time
- each provides for an independent judiciary and some separation of powers
- each seeks to protect the individual rights of its citizens
What are the differences in structre of the UK and US constitutions?
- US: UK
+ Single codified document : several sources & uncodified
+ Drawn up at one time and subsequently formally amended only infrequently : evolved over time and frequently amended - Formal amendment is difficult and complex : easy to alter via acts of parliament
- president is highly active and politically partisan : UK remain monarchy with an unelected head of state
What are the differences in powers of the UK and US constitutions?
- US : UK
- sovereign, USSC interprets - it is what the judges says it is : parliament is sovereign
- formal system of checks and balances : few formal checks and balances - PM can dominate
- embodies separation of powers : fusion of powers
- rights are entrenched and inalienable : rights are mainly protected by parliament legislation e.g., HRA 1998
- clear provisions for sharing powers between fed gov and states : no express provision for federalism - devolution created quasi-federal model
What are the differences in separation of powers of the UK and US constitutions?
- US : UK
- Fundamental principle each branch is outlined in separate articles : not a fundamental principle and in part reflects a monarchical systems of power being in the hands of a few
- formal separation of institutions : less separation of institutions
- federalism also enhances a separation and dilution of powers : devolution lead to greater powers for regions
What are the differences between the checks and balances of the UK and US constitution?
US:UK
- fundamental principle : fewer formal checks (main threats to PM are from opposition)
- USSC can strike down executive actions or federal laws : UKSC can declare laws as incompatible
- provides biennial elections to Congress : 2011 fixed terms acts elections every 5yrs (unless an early election has been called)
- congress cannot directly override a USSC ruling without passing a formal amendments : gov can easily overturn a ruling (ultra vires)
What are the similarities between federalism and devolution?
- Neither constitution originally embraced universal suffrage, so democracy has evolved
- both systems allow for many powers to be exercised and public services to be delivered at state/regional level
- political traditions are reflected e.g. Southern states - stricter abortion laws, relaxed laws on gun e.g. Scotland is more left wing, higher taxes for wealthiest and free uni tuition
What are the differences between federalism and devolution?
- Federalism embraces all of the US, devolution only exists on a minority of the UK (not England)
- from the beginning the US envisioned clear divisons and separation of powers between states and fed gov while UK devolution is more recent 1997
What are the similarities in the UK and US legislatures?
- both are the supreme law making body and possess legislative supremacy - laws passed by states/ devolved assemblies cannot conflict fed gov or par laws
- both check and scrutinise the executive via committees or debates
- each is bicameral
- dominated by political parties and contain members directly representing geographical areas
What are the differences in the UK and the US legislatures?
- US congress : UK parliament
- federal laws can be struck down by the courts : parliament statutes cannot be struck down by the courts
- both chambers are directly elected : one HoC are elected
- there can be a congressional gridlock if both chambers fail to agree on a bill : no possibility of a gridlock - lords can only suggest amendments
- legislatures can be remove only individua members by impeachment : whole executive can be removed by a no confidence motion
What are the strengths and weaknesses of the US constitution?
- is it difficult to amend and inflexible, but it can be amended informally through judicial review
- contains some wording that is vague and general - but this enables an essentially 18th century document to evolve
- enable power to be shared and spread, but this can mean gridlock is common and it is difficult to pass reforms but in the US this is preferable to concentrated power
What are the strengths and weaknesses of the UK constitution?
- is easy to change but this can lead to a constantly changing political landscape
- does not have citizen rights entrenched - they are protected mostly by statute law (can be repealed
- gives the PM considerable power over parliament and can usually dominate the legislative agenda
What are the areas of similarity between the two constitutions?
- codification - UKis becoming increasingly codified e.g. ministerial code
- federalism - devolution has made the UK quasi-federal while the USA federal gov exerts increasing influence over states in areas like education
- entrenched rights - arguably individual rights in the UK have become more embedded with the passage of measures such as HRA 1998
What is the structural theory of the roles of the two constitutions?
- a codified US constitution make it more difficult to amend than the UK
- parliamentary sovereignty in the UK results in less powerful UKSC and legislature as the courts can’t override the PM
- direct election in the USA of both congressional chambers and their equal legislative powers can lead to grid lock (not seen in the UK)
- US specifically provides for separate branches of government with enumerated powers that can overlap and conflict e.g. forgein policy
What is the rational theory of the roles of the two constitutions?
- constitutional limits on the formal power of the president mean the president often has to use informal methods to exert authority e.g. power to persuade
- individual USSC judges are more politicised than the UKSC judges e.g. Clarence Thomas as a conservative or Ruth Bader Ginsburg as liberal
- federalist nature of US means that pressure groups are far more likely to lobby a range of institutions e.g. state gov’s. Most lobbying in the UK focus on Westminster
- US gives the president direct mandate from voters while the PM relies more on loyalist of their MPs
- midterm elections tend to encourage presidents to pass key legislation in the first two years e.g. Obama and healthcare
