Chapter 1 - 6/6 - US vs UK constitutions Flashcards
How did the US and UK constitutions emerge?
UK through evolution; US through revolution.
Give an authoritative work that makes up the UK consitution.
A. V. Dicey’s Introduction to the Law of the Constitution
When was A. V. Dicey’s authoritative work published?
1885
What does A. V. Dicey’s authoritative work explain?
How the UK constitution rests upon the ‘twin pillars’ of parliamentary sovereignty and the rule of law.
Which constitution contains conventions?
Both do. The US cabinet is a convention as it is not mentioned in the constitution.
What type of Constitution does the US and UK have?
US is codified; UK is uncodified.
How many times has the US Constitution been amended?
27
What are the similarities between the US and UK states?
- Both have 3 branches of government.
- Both are bicameral.
- Both have a Supreme Court.
- Fixed-term elections.
- Regional governments.
Who is the President accountable to?
The people - they have no responsibility to Congress.
Why does the UK government dominate the legislative agenda?
Because of the fusion of powers meaning the government is drawn from parliament, and they usually have a majority.
What did James Madison write about checks and balances?
‘Ambition must be made to counteract ambition.’
Under what circumstances can Congress remove members of the executive?
When they are found guilty of ‘high crimes and misdemeanours’.
When did Parliament reject a proposal for air strike in Syria?
2013.
What does primus inter pares mean?
First among equals.
What is the difference between the UK cabinet and the US cabinet?
- In the UK the cabinet the members are the prime minister’s rivals (Boris replaced May) and the prime minister, although being culturally more important, is technically first among equals.
- In the US the president is the head of the executive and the cabinet is clearly inferior. They only exist because the president wants them to. The president is not first among equals - they are simply first.
When was the first cabinet?
1789, set up by George Washington.
Who was in the first cabinet?
- Secretary of State Thomas Jefferson
- Secretary of Treasury Alexander Hamilton
- Secretary of War Henry Knox
- Attorney General Edmund Randolph.
When did the US and UK Supreme Courts meet?
US - 1790
UK - 2009
What are the similarities between the US and UK judiciary?
- Both have an independent Supreme Court.
- Both how the power of judicial review.
- Both can rule something unconstitutional (ultra vires in the UK).
- Both interpret the law.
- Both review candidates to the Supreme Court.
What is the difference between both Supreme Courts when it comes to declaring something unconstitutional or ultra vires?
In the US the Supreme Court’s ruling is final and its decisions must be accepted. In the UK however, the government can ignore to ruling of the Supreme Court if they find something to be incompatible. Furthermore, if something is declared incompatible in the UK then parliament can just amend the law to make it compatible; it is extremely hard to do this in the US as it would require an amendment to the Constitution.
How was the UK Supreme Court created and what does this mean going forward?
Whereas the US Supreme Court is entrenched in the Constitution, the UK Supreme Court was created by an Act of Parliament and can just as easily be undone by one.
What sort of state is the UK?
A unitary state with power centralised with Parliament.
What is the difference between devolution in the US and UK?
It is permanent in the US as it is a federal nation, whereas power is simply devolved to the regions in the UK and can be returned to Parliament - the states and the federal government are equal in status; the UK Parliament is the highest authority.
pg 40 - debate
What case is currently threatening to overturn roe v wade?
Dobbs v. Jackson Women’s Health Organization
