3.6: Comparative Approaches Flashcards

Question

What are the similarities and differences over the extent of the power of the US and UK Supreme Courts?

Answer 1

SIMILARITIES AND DIFFERENCES OF POWER OF SUPREME COURTS 1. Similarities a) While the UK SC has only been operating since 2009, its role in judicial review and the acceptance of its rulings have become part of everyday life. - In the R (Miller) v Secretary of State for Exiting the European Union 2017, Gina Miller challenged the Government in regards to the implementation of Brexit causing controversy when the Court ruled that the final say for Brexit had to be given by Parliament, given its sovereignty (backlash from Torys). b) Rulings of the US SC have at various times been met with anger and outrage from the President, Congress and states. - Yet court rulings are almost always upheld. 2. Differences a) It is relatively easy to overturn decisions made by the UK judiciary than the US SC. - The UK court can be overruled by simply passing a new act of Parliament, given the fused nature, this is straight forward to achieve. - To overturn a US ruling, it can involve amending the Constitution. b) The extent of the impact on government and policy of the UK SC has been limited in comparison to the US SC. - Due to the age of the UK SC, and therefore it has lacked the time to develop precedents. - Also due to the political role of the US SC and the attitude of justices with themselves being guided by 'conservative' or 'liberal' ideologies. c) The Constitution is sovereign in the US whereas Parliament is sovereign in the UK. - The US SC made through the Constitution whereas Parliament retains the power to remove power from the UK SC in theory.

Answer 2

INDEPENDENCE OF US & UK SUPREME COURTS 1. Similarities a) Security of tenure - Neither can be removed by the executive or legislative branches. - Allows them the ability to exercise their power freely, without fear of political repercussions if they undermine the executive in terms of their power or policy priorities. b) Separation of power - Independent buildings, personnel and powers allowing them to cast decisions over the actions of the other branches without interference. - In the UK, this separation was not complete despite the Constitutional Reform Act 2005 with the vagueness over the role of the Lord Chancellor (acting as secretary of state for justice, responsible for funding the SC). c) High profile nature of constitutional cases means that there is often external pressure on justices. - The US faces greater pressure, contesting issues on which the US is deeply divided. - US justices, therefore, face more informal restrictions (protests or presidential speeches). 2. Differences a) The difference in appointment process threatens the independence of the court. - Politicised nature of the US SC mean that judicial ideologies have become political (selected by the President and ratified in the Senate). - UK justices are appointed by an independent body, the Judicial Appointments Committee. b) The vast funding differences has caused controversy. - The US SC bid for an annual budget of $80 million in 2017 (allows it to operate with judicial clerks). - The UK SC has been mired in difficulty since opening with just £12 million funding in 2017 (Lord Phillips, first president of the UK SC, argued that the budget should be ringfenced and not dependent on the Ministry of Justice).

Answer 3

EFFECTIVENESS OF RIGHTS PROTECTION IN THE JUDICIARY 1. Rights protected by the US Judiciary a) The US SC has a constitutional commitment to protecting rights. - The Sovereign Constitution allows US courts to overturn actions of any institution if it restricts civil liberties. b) As the US has an entrenched Constitution, the court rulings cannot be easily overturned by other political bodies. - Protecting individuals against powerful elected politicians. c) The US is bound by the Constitution which can be perhaps outdated and regressive. - Carpenter v US 2018. - Minority rights have been upheld in Obergfell v Hodges 2015 2. Rights protected by the UK Judiciary a) UK courts do not have the power to overturn acts of Parliament, even if they restrict human rights. - Instead, they can issue a statement of incompatibility, which Parliament can choose to reject. b) The UK SC rulings can be overturned by passing a new act of parliament. c) The UK Human Rights Act 1998 provides extensive legal protection of civil liberties. - Described as Quasi-entrenched as, despite the legal ability to remove the act, it would be politically difficult without reasonable public and cross-party support in favour of a British Bill of Rights. d) Parliament is unlikely to reject decisions made by the court that have protected civil rights. e) Whilst the US SC us the final court of appeal, UK citizens can also appeal to the European Court of Justice and the European Court of Human Rights, limiting the significance of the UK SC.

Answer 4

EFFECTIVENESS OF INTEREST GROUPS IN THE PROTECTION OF CIVIL RIGHTS 1. Interest Groups in the US a) Access points - US civil rights have a greater choice of political institutions to lobby. - There can be a success with the opposing party in divided government, not necessarily the majority in Congress. - ABA has indirect influence over appointments to the Supreme Court b) Stronger levels of rights protection - Civil rights groups are likely to achieve higher levels of success due to the strength of the Supreme Court in defending rights. - Groups such as ACLU and NAACP can provide Amicus briefs. c) Compromised rights in a national crisis - Since 9/11, rights have been abused with increased police powers in the Patriot Act 2001 and Freedom Act 2015. 2. Interest Groups in the UK a) Access points - Civil groups that fail to convince the government is unlikely to achieve legislative success in Parliament. b) Weak parties - The united nature of UK parties (whip system and patronage) means that civil rights-based interest groups (Liberty and Stonewall) may have less success than lobbying fragmented US parties. c) History of rights protection. - The Northern Ireland Human Rights Commission challenged the current abortion provision in Northern Ireland. - Lee v Ashers Baking Company Ltd 2018 was supported by The Christian Institute after Lee brought the case after Ashers refused to make a cake with a message promoting same-sex marriage, citing their religious beliefs, the court favour against Lee. d) Compromised rights in a national crisis. - Since 7/7, rights have been abused with the Prevention of Terrorism Act 2005 and the Investigatory Power Act 2016. - Conservative manifesto pledge to repeal the Human Rights Act 1998 in favour of a Bill of Rights.

Answer 5

US and UK DEMOCRACY AND PARTICIPATION 1. Rational Approach a) The choice that voters make is most commonly determined by the party that is offering policies that will give the best outcomes for them, demonstrated through some level of partisan dealignment as experienced in both the USA and the UK. b) Party-line voting is often determined by the career aspirations of those within a party. c) The party policies advanced in either country can be strongly influenced by the personal political beliefs of the leading individuals within each party. d) Factions within parties are often a reflection of the personal beliefs of individuals within a party. e) Pressure-group action in both countries is characterised by many groups or lobbyists trying to achieve the best outcome for them personally through whatever access point is available to them. - Financial donations for political gain. f) The methods of pressure groups are often determined by the resources available to them and what they, therefore, need to do in order to achieve influence for their cause. 2. Cultural Approach a) There is some expectation that certain socioeconomic groups should vote for a certain party based on political history. b) The expectation of party unity is also high in both countries. Even in the USA where historically this has not been as strong, there is a striking and growing polarisation between the 2 major parties. - Concept of rebellion is more serious in the UK. c) Very few independents are elected as the public in both countries expects the most powerful parties to be the 2 major parties. d) The degree of internal party unity is often determined by national issues of the day, especially those which are of greatest concern to the public. - The collective culture found with caucuses. e) The difficulty in achieving campaign reform in both countries is due to the lack of political motivation from those in charge. f) Party policies in both countries are influenced by an ideological belief in certain political principles. g) The growing media presence in pressure-group action and vast numbers of people taking part in these group activities suggest not only shared beliefs in certain issues, but also a shared belief in the effect and influence that such groups have. 3. Structural Approach a) The number of access points for pressure groups is determined by the political structure of each country, which also determines the methods and influence that the groups may be able to achieve. b) The voting behaviour of party members can be determined by the process in which they find themselves, including party discipline, and legislative and electoral processes. c) The constitutional framework of both countries determines the electoral process, and the resulting mandate gained from it for elected representatives. - The executive and legislator have separate elections in the US, encouraging a 'split the ticket' by voting for different parties. d) The party systems in both countries are a result of the choice of the electoral process. e) Parties in both countries hold conventions or conferences to inform, develop and legitimise the policies they will go on to advance.

Answer 6

DIFFERENT NATURE OF PARTY SYSTEMS 1. A two-party system a) The national legislatures of both countries are dominated by 2 parties. - Conservatives and Labour in the UK. - Republicans and Democrats in the USA. b) Inability of third parties to gain a foothold. - Product of the electoral system. - High electoral costs. - Co-optation of policies. c) Average total seats in the democratically elected houses. - 567/650 went to Labour or Conservatives in 2019. - 533/535 for the Democrats and Republicans. d) UK two-party system is characterised by a pendulum effect, with power typically swinging between Conservatives and Labour whereas Democrats and Republicans can hold power at the same time (divided government through the separation of powers). 2. A two-and-a-half-party system a) 3rd parties have had notable effects in the UK with the 2010 coalition with the Liberal Democrats and DUP confidence-and-supply agreement in 2017 b) Ralph Nadar had a 'spoiler effect' in 2000 which would've gone towards Al Gore rather than Bush c) Growing media presence of 3rd parties. - The first televised leaders debate on 2010 featured Nick Clegg as well. - Number of parties has increased in time, suggestions of whether the Green Party and Libertarian Party leaders should feature more in US debates. 3. A multiparty system a) Smaller parties tend to have power at a regional level in the UK. - SNP in Scotland. - Plaid Cymru in Wales. - The Brexit party in EU elections. b) In the US, progressive and independent candidates have won in Gubernatorial race (relating to a governor) and state legislatures.

Answer 7

INTERNAL PARTY UNITY IN THE US AND UK 1. Unity a) The party controls the candidate selection for constituency seats in the UK. - All candidates had to pledge to pass Boris Johnson's Brexit in the 2019 election. - Party leaders have the power of patronage and WHIPs system in place to remove the threat of rebellions with discipline. - In the US, independents (Bernie, Trump) can run for selection in primaries. b) Partisanship has seen growth in party unity. - Despite fractures in the Republican Party over the Presidency of Trump, they almost all voted for Brett Kavanaugh whilst Democrats voted against. - Similarly, in Jeremy Corbyn's vote of No Confidence in Jan 2019 against Thresa May, all 314 Conservative MPs voted for the government and the motion was defeated by 325-306. 2. Divisions a) Breadth of ideologies in both countries. - US party system is more factionalised than in the UK. - Divisions in the UK between socialist labour members (Corbynites) and moderates (Blairites). - Conservatives divided over the case of Europe. - Polarisation.

Answer 8

SOCIAL WELFARE 1. Republicans - Repeals and replace Obamacare, and place limits on government funding for senior healthcare. 2. Democrats - Fight attempts to privatise medicare. - Supports Food Stamps (SNAP). 3. Conservatives - Increase to NHS budget and means-tested pension benefits. - Major welfare cuts since 2010, including the bedroom tax to reduce house benefits. 4. Labour - Reverse NHS privatisation and substantially increase the NHS budget.

Answer 9

EDUCATION 1. Republicans - Restoration of the private sector in student financing. 2. Democrats - Debt-free college and no tuition fees for working-class families. 3. Conservatives - Increase the overall schools budget and introduce a new funding formula. 4. Labour - Abolish university tuition fees and provide 30 hours of free childcare for 2-year-olds.

Answer 10

DEFENCE 1. Republicans - Commitment to rebuilding the US military to the 'strongest on Earth'. 2. Democrats - Believe that the US military should be the strongest in the world. 3. Conservatives - Spend 0.7% of GDP on international aid and lend support to international institutions. 4. Labour - Spend 0.7% of GDP on international aid and 2% on defence.

Answer 11

ENVIRONMENT 1. Republicans - Description of climate change as a 'political mechanism'. 2. Democrats - Acceptance of the threat posed by climate change. 3. Conservatives - Develop the fracking industry. 4. Labour - Introduce clean air legislation and ban fracking.

Answer 12

ECONOMY 1. Republicans - Where taxes work to prevent economic growth, they must be changed. 2. Democrats - Introduce a multimillionaire surtax and tax relief for working and middle-class families. - Has changed with third way under Clinton and the overturning Glass-Steagall Act 1933 which regulated the banking industry by commercial and investment banking. 3. Conservatives - A balanced budget by 2025 and review business rates. 4. Labour - Reintroduce a 50p tax and raise income tax for the highest earners.

Answer 13

IMMIGRATION 1. Republicans - Embrace Trump's 'build a wall' programme. 2. Democrats - Reform the immigration system to include a path to citizenship. 3. Conservatives - Reduce the net migration to tens of thousands and tougher student visa rules. 4. Labour - Wary of freedom of movement due to the impact on wages and conditions.

Answer 14

CAMPAIGN FUNDING AND PARTY FUNDING 1. US a) Major legal and constitutional developments - Federal Election Campaign Act 1974 introduced maximum donations, expenditure by Presidential candidates and federal funding. - The Bipartisanship Campaign Reform Act 2002 tried to close some of FECAs loopholes by limiting outside expenditure from interest groups during elections. - Citizens United v FEC 2010 undermined the BCRA overturning regulations on outside spending and allowing for the creation of Super PACs. b) Limits on campaign expenditure - No real limit on campaign expenditure, with the maximum limit only applying to Presidential candidates who take federal funding (matching funds). - EXAMPLE. Obama campaign was fined $375,000 in 2013 for violating federal laws surrounding the disclosure of donations - EXAMPLE. Clinton raised over $1 billion in 2016, whilst the Conservatives spent £20 million in 2017. c) Role of outside groups such as business or pressure groups - The creation of Super PACs means that donors can give unlimited money, even if this money cannot go directly to a candidates official campaign. - Donations to political parties are largely unregulated. - EXAMPLE. Fahr LLC (owned by billionaire-hedge fund managers) donated $67 million to candidates for different political offices, main democrats in the lead up of the 2016 election. - EXAMPLE. Renaissance Technologies donated $57.7 million to both parties. - EXAMPLE. The Koch Brothers have backed numerous Republican campaigns. d) Monitoring body for donations and expenditures - The Federal Election Commission. 2. UK a) Major legal and constitutional developments - Representation of the People Act 1983 limits individual spending, updated in 2014. - The Political Parties, Elections and Referendums Act 2000 (PPERA) required all parties to register with the Electoral Commission and put controls on donations. - Political Parties and Elections Act 2009 requires declarations as to the source of donations over £7,500. - Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 regulated the expenditure of outside groups. Any pressure group spending £10k+ during an election (£20k in England) must register with the Electoral Commission. b) Limits on campaign expenditure - 'Short money' is given to the opposition for Parliamentary expenditures. - A share of the Public Development Grant of £2 million is available for UK parties to help develop manifesto policies, but you must have 2 sitting MPs, does not promote new parties. - In 2015 Parliamentary candidates could spend up to £30k in the Long campaign (December-March) and £8,700 in the short campaign (March-May). - Parties can spend up to £19.5 million if they field candidates in all 650 seats. - EXAMPLE. The Conservatives were fined £70,000 in 2017 for its financial accounting in the 2015 election. c) Role of outside groups such as business or pressure groups - In 2015, no group could spend more than £9,750 per constituency in an election campaign. - No limit on the amount an outside group can donate to a political party. - The Vote Leave campaign was fined for coordination with another Brexit group. - EXAMPLE. Arron Banks donated £2 million to UKIP. d) Monitoring body for donations and expenditures - The Electoral Commission

Answer 15

METHODS, POWER AND INFLUENCE OF PRESSURE GROUPS 1. Methods a) Legal action in the Supreme Court - It is more effective in the US due to the entrenched political understanding of the US SC. - Constitutional sovereignty provides greater success than the UK judiciary. - Targeting lawmakers in Westminister will ensure greater results. b) Publicity c) Direct action and demonstrations d) Lobbying e) Electioneering 2. Power and influence a) Constitution - Codified nature of the US guarantees individuals rights and can be used to mount legal challenges. - The UK uncodified constitution provides flexibility, making it difficult to challenge legislation as Parliament can rewrite the law in the face of a negative ruling. b) Access Points - Greater number of access points in the US, with the federal nature of the US political system meaning groups, have greater points to exert influence (three branches of government). - In the UK interest groups can target devolved bodies, but ultimate power resides with Parliament. c) Election cycle - Short cycles in the US creates greater opportunities for interest groups as they can directly electioneer by donating and supporting candidates alongside mobilising voters. - The 5 year UK election cycle gives parties and candidates greater freedom to ignore groups between election years.

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3.6: Comparative Approaches Flashcards

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