3.6: Comparative Approaches

Question 1

What are the 3 different Theoretical Approaches?

Answer 1

THEORETICAL APPROACHES

1. Rational
2. Cultural
3. Structural

Question 2

What is the Rational Approach?

Answer 2

RATIONAL APPROACH

1. Individuals (MPs, Congressmen, PM and Presidents) act in their own interest as it will give them a beneficial outcome.
   a) The consideration that individuals’ actions are guided more by consideration of their own interests than influence from groups or structures.
   b) Behaving rationally to realise their own goals.
   - Rationally pick based on the best outcome for them personally.
   - When situations change, they respond in a self-interested manner.

Question 3

What is the Cultural Approach?

Answer 3

CULTURAL APPROACH

1. Groups within a political system (voters, parties, pressure groups and factions) have shared ideas and values which often determine the action of individuals within them.
   a) Cultural norms and expectations are the keys to explaining behaviour and outcomes.
   - Cultural norms have the power to influence political actions through a shared belief.

Question 4

What is the Structural Approach?

Answer 4

STRUCTURAL APPROACH

1. The institutions (Parliament, Congress, political processes, Constitutions and elections) largely determine political outcomes.
   a) Individuals positions within this structure may affect their action.
   - Some individuals have limited or no control over these processes with outcomes perhaps predetermined.

Question 5

How can the US and UK Constitutions be compared using the Theoretical Approaches?

Answer 5

US and UK CONSTITUTIONS

1. Rational Approach
   a) It is in the interests of the individual within a state and devolved governments to fight for their power over the federal government to secure their position.
   b) US citizens are used to having their rights protected through the Bill of Rights and therefore can more easily fight for them than their UK counterparts, whose rights have been determined by the government.
   c) The separation of powers and checks and balances in the US constitution allows its citizens greater individual influence (and a greater number of access points) than their UK counterparts.
   d) Justices have the ability to apply their own ideology in the US due to the vagueness of the Constitution whilst the UK is more structured.
2. Cultural Approach
   a) Cultural history explains the Constitutions of both countries.
   - The US Constitution codified as a result of a violent uprising.
   - The UK Constitution us uncodified, remaining relatively free of such events.
   b) The cultural expectation of the protection of rights is far higher in the USA than in the UK.
   c) Amendments to the UK constitution is very much a result of cultural acceptance, whereas in the USA the cultural acceptance of necessary amendments must be demonstrated at the ballot box.
   d) The flexibility of both constitutions is partly a result of cultural acceptance.
   - In the UK, there is no public pressure for codification, accepting the status quo.
   - In the USA, the acceptance of SC rulings as informal amendments updates the Constitution.
3. Structural Approach
   a) Political processes are outlined in the constitutions of both countries, despite the difference in the nature of these constitutions.
   b) The nature and strength of the government in both countries, and the limitations placed upon them, are a direct consequence of the political systems in each country.
   - US executive has limited patronage over Congress in comparison to the UK executive.
   c) The vastly different amendment processes of the 2 countries are determined by the nature of their constitution.
   d) The location of sovereignty, with regard to both national and regional governments, is a direct result of political processes.

Question 6

What are the differences in the Nature of the Constitutions of the US and the UK?

Answer 6

NATURE OF THE CONSTITUTION

1. US
   - Codified constitution which is legally binding and sovereign.
   - Created out of civil uprising with the War of Independence in which the US fought England for liberty.
2. UK
   - Uncodified constitution across a range of documents including statute law, authoritative works and European treaties.
   - The UK has never experienced such an uprising other than the Rebel Barons forcing King John to sign the Magna Carta or the England Civil War.
   - The UK political system has been stable and therefore its constitution reflects an evolutionary change.

Question 7

What are the differences in the Sources of the Constitutions of the US and the UK?

Answer 7

SOURCES OF THE CONSTITUTION

1. US
   a) Written:
   - Single document created in 1787 with 27 subsequent amendments (7,000 words), remaining ambiguous.
   - SC rulings supplement these written sources with ‘interpretative amendments’.
   b) Unwritten:
   - Conventions are still commonplace within the US interpretation of the Constitution.
   - Article II refers to ‘principal Officer[s] in each of the executive departments’, yet does not refer to the Cabinet, whilst every President has had a cabinet since 1789.
2. UK
   a) Written:
   - Numerous written sources make up the UK constitution.
   - Statute Law is due to the sovereignty of Parliament, with common law derived from judicial precedents.
   - Authoritative works and EU treaties also form the Constitution, outlining specifically how the government works.
   b) Unwritten:
   - Conventions are apart of the UK constitution.
   - The basis from how the Prime Minister is chosen to the expectation that the monarchy will give royal assent to laws passed by Parliament.

Question 8

What are the differences in the Principles of the Constitutions of the US and the UK?

Answer 8

PRINCIPLES OF THE CONSTITUTION

1. US
   - The Founding Fathers firmly embedded the principles of limited government, separation of powers, checks and balances, bipartisanship and federalism within the Constitution, even though these are not named within the document.
2. UK
   - The UK operates on a principle of fused powers, with the executive being drawn from the legislature.
   - Crucially, sovereignty resides in Parliament, which limits any truly effective checks and balances.
   - While devolution has been developed in the past decades, the UK remains a unitary government.

Question 9

What are the differences in the Sovereignty of the Constitutions of the US and the UK?

Answer 9

SOVEREIGNTY OF THE CONSTITUTION

1. US
   - Constitution sovereignty and entrenched, upheld by the SC.
   - Power is also shared between the federal and state governments.
   - Over time, the power of the federal government over the states appears to have grown.
   - Supermajorities are required in the House and Senate to achieve Constitutional amendments.
2. UK
   - Parliamentary Sovereignty, and can, therefore, give out and take back political power.
   - Political sovereignty may be said to reside in other places however, for example, the devolved governments or the Human Rights Act 1998.
   - Parliament can amend the Constitution with a simple 50% in both chambers.

Question 10

What are the differences in the Separation of Powers of the Constitutions of the US and the UK?

Answer 10

SEPARATION OF POWERS OF THE CONSTITUTION

1. US
   - While the Constitution aimed to create 3 entirely separate branches of government, with independence from each branch.
   - Separate institutions sharing power.
2. UK
   - Separate branches that overlap or fuse power.
   - The creation of the Supreme Court in 2005 created a limited separation of powers in the UK, but the executive and legislative are fused with executive dominance.

Question 11

What are the differences in the Checks and Balances of the Constitutions of the US and the UK?

Answer 11

CHECKS AND BALANCES OF THE CONSTITUTION

1. US
   - Clear checks exist between branches of the US federal government.
   - Can allow for a well-scrutinised policy as well as political gridlock.
   - President can propose legislation, veto legislation, nominate to the executive and judiciary, and is commander in chief.
   - Congress can propose, amend and pass legislation, ratify treaties and appointments and declare war.
   - The SC can exercise Judicial Review.
2. UK
   - System of checks and balances exists between the three branches with parliament checking the government by voting on government proposal and using a vote of no confidence.
   - The executive is drawn from the majority party in the Commons, dominance allows for political gridlock and limited scrutiny.
   - House of Lords is unelected and cannot reject decisions made by the Commons.

Question 12

What are the differences in the Protection of Rights of the Constitutions of the US and the UK?

Answer 12

PROTECTION OF RIGHTS OF THE CONSTITUTION

1. US
   - The Bill of Rights and subsequent amendments to the Constitution (14th amendment) firmly entrench the key rights of US citizens.
   - Powerful and independent SC uphold these rights.
2. UK
   - Main protection through the Human Rights Act 1998 and membership of the European Convention on Human Rights since 1951.
   - The lack of sovereignty of the SC limits the extent to which rights protection can be enforced.

Question 13

What are the differences in the Flexibility of the Constitutions of the US and the UK?

Answer 13

FLEXIBILITY OF THE CONSTITUTION

1. US
   - The amendment process is arduous due to the entrenchment of the constitution but has been used effectively.
   - The interpretative amendments of the SC have allowed the Constitution to evolve.
2. UK
   - The lack of codification means that the UK constitution is very flexible and can, therefore, be modernised through statute law.
   - No government is bound by previous governments so there is vast flexibility.

Question 14

What are the similarities and differences between the US federal system and the UK system of devolution?

Answer 14

US FEDERALISM v UK DEVOLUTION

1. Similarities
   a) Both allow for governments to be more directly responsible and relevant to the citizens under their power.
   - The Scottish Parliament had the freedom to abandon tuition fees which is similar to state power to determine their education policies.
   b) Both have been challenged by the central government.
   - The Scottish Parliament was not entitled to call a referendum without assent from Westminister.
   - States have had their policies challenged and overruled by federal law or SC rulings.
   c) Both systems are evolutionary and flexible.
   - Federalism is codified in the Constitution, yet it has been eroded and changed in recent times.
   - The UK continues to develop with further powers devolved and the push for a ‘Northern Powerhouse’ or even Scottish Independence, whilst also removing power from the Northern Irish Assembly.
2. Differences
   a) The states were originally equal to the federal government, with the states founding the federal government.
   - With devolution in the UK, power flows from Parliament to the given regions, meaning that it could be recalled back by Parliament.
   b) The UK has been ‘unitary’ with power centralised, unlike a ‘federal’ system, with regional power varying in the UK whilst being uniform in the US.
   - Devolved assemblies remain subservient to Parliament (Northern Ireland Stormont closed from 2017 to 2020), with states equally represented in Congress.
   c) Regional power is constitutionally protected in the US but not in the UK.
   d) The US states have a higher level of regional power over policy, unlike the UK.

Question 15

How can the US and UK Legislatures be compared using the Theoretical Approaches?

Answer 15

LEGISLATURES

1. Rational Approach
   a) The actions of MPs and Congressmen can be viewed through what is best for them and their careers.
   - In the UK this may engender party loyalty, whereas in the US this means a focus on constituents.
   - EXAMPLE. Boris Johnson’s commitment to Brexit was done to raise his profile.
   b) The actions of leaders within Congress and Parliament can be determined by likely outcomes and how they might affect their own personal power.
   - Defeats might weaken their position politically but not literally.
   c) Both legislatures serve as a springboard for future political careers, therefore the actions of individuals may be guided by their aspirations.
   d) The unelected nature of the House of Lords compared to the nature of second chambers in America leads to different outcomes in part due to freedom and limited accountability.
   - Yet the Lords are subject to relatively less patronage.
   - Independent crossbenchers and the lack of party unity could lead to the pursuit of personal agendas.
2. Cultural Approach
   a) The actions of individuals within Congress and Parliament are strongly guided by the individual’s ideological coherence to their party’s beliefs/unity.
   - 21 Tory MPs were expelled after rebelling against the Government.
   - Some act on rational basis rather than cultural (Dominic Raab is a Brexiteer despite Esher and Walton being remain).
   b) The factions within parties and the addition of Caucuses in the USA can lead to voting across party lines due to a cultural belief in an issue (occurs on moral and social issues).
   c) Both lower and upper chambers can be compared in terms of the cultural expectations of how business is conducted.
   - The lower houses are both more adversarial, while there are cultural conventions in the upper chambers.
   - The Lord’s roles are governed by their cultural expectations as they are restrained by government policy.
   d) There is a growing expectation in both countries that the representative bodies should reflect some extent the descriptive make-up of the electorate.
3. Structural Approach
   a) The processes that guide the legislative output of both houses are fixed and rigid.
   - The additional impact of other processes such as the electoral system and the separation of power within each country serve to produce vastly different legislative outputs in each country.
   - Constitutional requirements for elections in the Senate and life appointments in the Lord’s creates a major difference.
   b) The ability to oversee the work of government is strongly affected by the structure of each legislature.
   - Congress is far more powerful than Parliament when checking the executive as the US constitution (separation of powers) prevents the executive from dominating the legislative like Parliament (fusion of powers).
   c) The political processes and voting systems within both parties limit the influence of 3rd parties, encouraging an adversarial 2 party system in legislatures.

Question 16

What are the similarities and differences between the US and UK legislatures?

Answer 16

US and UK LEGISLATURES

1. Similarities
   a) The ‘lower’ house in both legislatures control taxation and appropriation of money for government control.
   b) The responsibility for the creation of legislation and the legislative process is remarkably similar in both countries.
   c) Oversight of the executive branch through a range of checks exist for both parties.
   d) A range of representation exists within both legislatures (people, constituency, party and lobbyist) with both suffering from deficiencies in this policy area.
   e) Power over foreign policy is relatively weak in Congress and Parliament, but both have attempted to regain control over this policy area.
   f) Both legislatures are able to initiate constitutional change.
   g) The prevalent 2 party system has helped to ensure oversight but also worked to deepen partisanship.
2. Differences
   a) (Bicameralism) Both houses of Congress are directly elected by the public, whereas the UK House of Lords remains unelected and unaccountable.
   - There has been a broad removal of peers and there was also an increase in power during the coalition when the Salisbury Convention was suspended.
   b) The chances of ‘divided government’ in the UK are almost non-existent, whereas it is increasingly common in the USA.
   c) Party unity in the UK is relatively high, aided by powerful whips, whereas the US system of primaries prevents whips from enforcing strict party discipline.
   d) The speaker in the House of Commons is, in theory, an apolitical role, whereas the leadership in both houses of Congress is avoidably tied up with party politics.
   e) Parliament is more efficient at passing legislation owing to the fusion of the executive and legislation branches, whereas Congress passes relatively little new legislation each session.
   f) Parliament is sovereign, whereas sovereignty in the USA remains in the Constitution.
   g) The executive of the UK can dominate the legislative branch, whereas the separation of powers in the USA limits the power of the President in this manner.
   - Congress, therefore, is more active at law-making than Parliament (depending on the party in power).

Question 17

What are the strengths and weaknesses of the House of Representatives?

Answer 17

HOUSE OF REPRESENTATIVES

1. Strengths
   a) 2 year terms ensure accountability to the voters with most members representing a smaller area and population than their Senate counterparts.
   b) Power of initiation over taxation and appropriations bills.
   c) Effectively has the power to decide on what matter an official can be impeached.
   d) The 2 party system limits the impact of 3rd parties.
2. Weaknesses
   a) Power can become concentrated in the hands of the speaker, committee chairs and House Rules Committee.
   b) Partisan politics means that few bills are passed in each sessions.
   c) Frequent elections mean a focus on short-term change and allow for excessive influence of lobbyists.
   d) Relatively poor representation of women and minority groups.

Question 18

What are the strengths and weaknesses of the House of Commons?

Answer 18

HOUSE OF COMMONS

1. Strengths
   a) Dominance by the majority party and fused powers make passing legislation quicker.
   b) The speaker is an independent referee.
   c) Five-year elections give the house power to effect real change.
   d) Use of Parliament Acts and the Sailsbury Convention allow for strong government.
2. Weaknesses
   a) Dominance by the majority party can allow for an ‘elective dictatorship’ and limits the effectiveness of checks on the executive.
   b) It is possible for poor legislation to be rushed through the house.
   c) Strong whips make for only limited opposition; even increasing backbench rebellions are relatively rarely successful.
   d) The 2 party system limits the influence of 3rd parties.

Question 19

What are the strengths and weaknesses of the Senate?

Answer 19

SENATE

1. Strengths
   a) Longer terms allow officials to focus on making good policy and enacting change.
   b) Unique powers to ratify treaties and appointments allow for greater oversight of the executive.
   c) ‘Unanimous consent’ and ‘unlimited debate’ result in weaker party control.
   d) The power of individual senators allows for every state to have a voice that is heard.
2. Weaknesses
   a) ‘Unaminous consent’ allows for undue influence of a single senator.
   b) It can only ratify or reject the treaties and appointments put to it, not create its own.
   c) The use of the filibuster can lead to gridlock and is difficult to prevent.
   d) Each state has two senators under/overvalues the importance of states across America.

Question 20

What are the strengths and weaknesses of the House of Lords?

Answer 20

HOUSE OF LORDS

1. Strengths
   a) As an unelected chamber, the Lords can focus on the long-term interests of the UK.
   b) Allows for experts to be included in policy-making, rather than charismatic politicians.
   c) Being unelected, it is freer to challenge the will of the people.
   d) It is possible to nominate a range of people to the Lords to improve representation of minority groups.
2. Weaknesses
   a) Lacking in legitimacy due to its unelected nature.
   b) Its power can be usurped through the Parliament Acts and Salisbury Convention.
   c) The large size of the Lords makes it cumbersome.
   d) The challenge it poses to the Commons is minimal as its suggestions and amendments can be ignored.

Question 21

How can the US and UK Executives be compared using the Theoretical Approaches?

Answer 21

US and UK EXECUTIVES

1. Rational Approach
   a) In order to advance their own policy goals, both executives can use a range of formal and informal powers, powers of patronage, removing cabinet officers, powers of persuasion.
   b) The PM is the head of their party and therefore is able to advance their own policy goals using their party.
   - The President serves as a de facto head of their party, thereby allowing him to expect his party in Congress also to advance his policy goals.
   c) To preserve and exercise political power, executives must act in such a way as demonstrates and secures their ability to control politics in their country.
   - Means that potentially success and failure (military action) may be decided on the basis of the possible impact for the executive.
   d) The PM is often in a personally stronger position, usually commanding a majority in Parliament, and therefore has more freedom to act as they wish than the President, who often carries responsibility alone.
2. Cultural Approach
   a) Presidents and PMs are the individual focus of the electoral system in each country (even though they are not directly elected) and there is an expectation that they are powerful individuals who can control their executive branch.
   b) The role of the cabinet in both countries is a focus of media attention and considered to be a reflection on the head of the executive.
   c) The power that either executive can gain are often a result of the media attention, poll ratings and unofficial powers that they can assume.
   - This is especially true when considering the head of state and head of government roles, which are not clearly delineated.
3. Structural Approach
   a) The powers that each executive has been strongly determined by the Constitutions and political processes of their country.
   - Theoretically giving Presidents greater powers, but in reality, allowing great power of the PM through the likely majority as a result of FPTP.
   b) The direct election of the President lends a stronger mandate to him than the indirectly elected PM.
   c) The differing roles of Head of State and Head of Government are a result of the different political systems used in each country.

Question 22

What are the similarities and differences between the US and UK Executives as Head of State/Government and their impact on Government?

Answer 22

US and UK EXECUTIVES

1. Head of State
   a) Similarities
   - The role of commander in chief rests in theory with both the PM (royal prerogative) and the President, although the legislatures in both countries have become more assertive in trying to challenge this role.
   - Both acts as the representative of their respective countries to the world, attending summits and conferences, brokering treaties and visiting foreign nations.
   - Both carry out ceremonial duties.
   b) Differences
   - The President is the Head of State in the USA, whilst the Monarch formally holds this role in the USA.
   - Commanding a majority in the Commons means the PM should be able to easily gain approval for any treaty, accord or similar plan, whereas the President treaties are subject to Senate approval.
   - The President has far more exclusive powers than would usually be associated with a Head of State, such as the power of the pardon and the veto. These powers are exercised by the Monarch in the UK, such as the posthumous pardon of Alan Turing in 2013.
2. Head of Government
   a) Similarities
   - Both are able to make nominations to their cabinet departments.
   - Both address the legislature with an annual legislative agenda, the President at the State of the Union and the PM through the Queens Speech, which is written by the Government.
   - Both are seen as the leader of their respective parties, even if the President does not hold this as a theoretical role.
   - Both can find their respective legislatures a challenge to deal with, the President in the event of losing houses in elections, or due to poor popularity; the PM due to a small majority of the House of Lords.
   - Both have little power over the judiciary but are subject to rulings from it.
   b) Differences
   - Roles as Chief Legislator varies with the PM usually in command of a majority in the Commons whereas the President is increasingly likely to face opposition in Congress. Fractious and hostile UK cabinets are difficult to control (Thresa May).
   - The President’s cabinet appointments are subject to Senate approval and yet his cabinet is not a collective body. The PM has far greater freedom over appointing cabinet secretaries, but their power once appointed exceeds that of US counterparts as they are a collective body.
   - Rulings of the SC in the US can strike down Presidential action as they are interpretations of the sovereign constitution. As Parliament in the UK is sovereign, and the PM usually maintains control over Parliament, the powers exercised by the SC are not sovereign.
3. Impact on Government
   a) Similarities
   - Both set the legislative agendas for their country, setting out their policy desires and reacting to political circumstances.
   - Both have broad control over foreign policy, including involving their countries in military actions and treaties.
   - Both can be challenged by the other branches of government, or their own cabinet, in trying to pass their own policy.
   - Both have mechanisms by which they can endeavour to control their party and thereby push through their agenda.
   b) Differences
   - The President is directly elected whereas the PM is indirectly through the winning party (legislative advantage).
   - The President is able to have a final say over legislation in a way the PM is not. Whereas legislation not supported by the PM is unlikely to pass.
   - The PM is likely to get most of their legislative agenda passed, whereas the President is likely to get only some of his agenda passed.
   - The PM is unlikely to face defeats and therefore more likely to lead an ‘elective dictatorship’, there President could be either ‘imperial’ or ‘imperilled’.
   - The discipline that the PM can bring to bear over the Government is punitive (whips and demotions) whereas the President is often restricted to more positive approaches with little in the way of party discipline available.
   - The President is able to make a greater singular impact on the government, reshaping, hiring and firing within the executive branch. While the PM retains the ability to reshape the cabinet, its power in the post is as a collective body, reducing the PMs singular impact.

Question 23

To what extent are the US and UK Executives accountable to the Legislatures?

Answer 23

EXECUTIVE ACCOUNTABILITY TO THE LEGISLATURES

1. US
   a) The President can be removed from office through impeachment and investigations initiated by the legislature.
   b) Presidents struggle to pass legislation.
   c) The US Separation of powers means that the President is more accountable, with Congress holding the executive to account more effective than Parliament.
   d) The Constitution maintains scrutiny of the executive from the legislature through the need for appointments to be ratified by the Senate.
   e) Short election cycles of the US and 2 term limits make the President more accountable to the electorate with Congress more reactive to the President whilst the PM is indirectly elected every 5 years.
2. UK
   a) Parliament has the ability to remove governments, and therefore the PM and their executive, through a vote of no confidence.
   b) The Government may struggle to pass legislation as it is subject to scrutiny and amendments through both houses.
   c) Similar to the President, the PM has greater control over foreign policy, although will normally offer the legislator a vote to legitimise actions.
   d) Faces direct scrutiny in PMQs whilst the President does not.
   e) The PM commanding a majority in the legislature and the fused nature of UK government reduces accountability.

Question 24

How can the US and UK Judiciaries be compared using the Theoretical Approaches?

Answer 24

US and UK JUDICIARIES

1. Rational Approach
   a) Justices in both countries are guided by their own personal judicial philosophies. This may include advancing their own political philosophy through their rulings too.
   b) Those fighting for rights are often doing so from a point of personal inequality and using whatever access points are available for them to do this.
   c) Justices in both countries should be aware of potential legitimacy questions posed by an unelected and unaccountable SC, and they may, therefore, act to ensure their own power is protected.
2. Cultural Approach
   a) The cultural expectation of the protection of rights (rights-based culture) is far higher in the USA than in the UK.
   b) In the USA, there is an acceptance that SC rulings are a way of informally updating the Constitution. This a growing feature of UK SC rulings.
   c) Neither SC has any power to enforce its rulings; the acceptance of the rulings is therefore largely based on cultural acceptance of the power of each Court even though it is unelected.
   d) Strong competition parties and pressure groups bring cultures that support of opposing civil rights.
3. Structural Approach
   a) The power that each Court has is highly determined by the Constitutional framework in the country, as is the independence and neutrality of the SC.
   b) The nature of the justices in both countries is in part determined by the process by which they are appointed to the SC.
   c) The entrenched and codified Constitution in the USA gives far stronger protection of rights than the statute law which protects rights in the UK.
   - The US SC can overturn government policy, regulate the power of political institutions and determine the level of rights protection in the country.

Question 25

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

Answer 25

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.

Question 26

To what similarities and differences in the independence of US and UK Supreme Courts?

Answer 26

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).

Question 27

What is the effectiveness of rights protection by the US and UK judiciary?

Answer 27

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.

Question 28

What is the effectiveness of interest groups in the protection of civil rights in the US and UK?

Answer 28

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.

Question 29

How can the US and UK Democracy and Participation be compared using the Theoretical Approaches?

Answer 29

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.

Question 30

What is the different nature of party systems in the US and UK?

Answer 30

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.

Question 31

To what degree is there internal unity with parties in the US and UK?

Answer 31

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.

Question 32

What are the positions of US and UK parties on Social Welfare?

Answer 32

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.

Question 33

What are the positions of US and UK parties on Education?

Answer 33

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.

Question 34

What are the positions of US and UK parties on Defence?

Answer 34

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.

Question 35

What are the positions of US and UK parties on the Environment?

Answer 35

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.

Question 36

What are the positions of US and UK parties on the Economy?

Answer 36

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.

Question 37

What are the positions of US and UK parties on Immigration?

Answer 37

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.

Question 38

What are the differences in campaign finance and party funding in the US and UK?

Answer 38

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

Question 39

What are the methods, relative power and influence of pressure groups in the US and UK?

Answer 39

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.