COMPARATIVE POLITICS CONSTITUTIONAL ARRANGEMENTS Flashcards
Areas of similarity
Principles of representative government
evolved and developed overtime
Seek to protect rights of citizens
providers an independent judiciary
US vs UK sources of constitution
uk - many: statute law, 1689 bill of rights
US - single constitution
US vs UK amendments
uk - easy via acts of parliament
Us - hard through amendment system
US vs UK drawing up constitution
uk - evolved over the centuries
US - ratified one time and amended infrequently
US vs UK sovereignty
uk - parliament is sovereign
US - constitution is sovereign
US vs UK checks and balances
uk - few formal checks and balances
US - formal system of checks and balances
US vs UK separation of powers
UK - fusion of powers
US - separation of powers - members of executive cant be in legislative
US vs UK citizens rights
UK - protected by acts of parliament and common law
US - Many protected in constitution and bill of rights
US vs UK as a principle of separation of powers
UK - not a fundamental principal
US - fundamental - each branch is written in the constitution
US vs UK separation of institutions
UK - less separation - executive sit in legislator
US - formal separation
US vs UK checks through supreme court
UK - not much - UKSC can claim things to be against HRA
USA - USSC can strike down executive orders or laws as unconstitutional
US vs UK overriding supreme court
UK - can release fresh legislation to override
US - congress can’t override without a new amendment
SIMILARITIES IN FEDERALISM AND DEVOLUTION
neither constitutions originally have universal suffrage
both allow powers to be different in state/devolved places
Both allow local traditions to be used
2 systems coming closer, more power to devolved nations, more power to federal gov
US vs UK amount of devolution
UK - exists in a minority of uk and none in england
US - entire usa has federalism
US vs UK constitutional federalism
UK - Recent change and entirely from legislation - powers delegated not given
US - in constitution from the beginning, clear division in powers not delegated
SIMILARITIES IN THE LEGISLATURES
both are the supreme law-making body
both scrutinise the executive
Each is bicameral
Dominated by parties
US vs UK laws being struck down by courts
UK - Statutes can’t be struck down, can be incompatible with HRA
USA - federal law can be called unconstitutional
US vs UK elected houses
UK - commons elected —– lords not
US - Both chambers are directly elected
US vs UK houses powers
UK - Commons more powerful —- parliaments acts
US - chambers have equal legislative powers
US vs UK gridlock between houses
UK - doesn’t happen
US - frequent as two chambers have to agree on a bill
US vs UK executive and legislature
UK - executive found in the legislature , ministers accountable to parliament
US - legislature is separate and independent of executive
US vs UK legislator removing executive
UK - vote of no confidence gets rid of an entire government
US - Legislator removes one person not entire executive
strengths of the US constitution
Can amend informally through judicial review and interpretative amendments
vaguity allows it to evolve over time
Enables power to be spread
Weaknesses of the US constitution
Difficult to amend formally
Vague leads to conflict - gun rights
Causes gridlock through power being shared
Strengths of the UK constitution
easy to change - been changing in the right direction
Rights protected by statute protected by ECHR
Gives PM power over parliament
Weaknesses of the UK constitution
Changes a lot
Citizens rights not entrenched
Lead to dictatorship PM’s
US and Uk coming together - Codification
UK constitution increasingly codified - equality act 2010
US and Uk coming together - Federalism
Devolution made uk quasi-federal, while USA having a larger fed gov
US and Uk coming together - Role of judiciary
Supreme court in UK more high profile - Prorogation of parliament 2019
US and Uk coming together - entrenched rights
UK has some entrenched under HRA
US and Uk coming together - legislative vs executive
Recent PM’s like cameron and may not had an “imperial” leadership
But johnson and Blair did/do
what is structural theory in terms of constitutional arrangements
Focuses on institutions and their structure
Examples - constitution amendments, powers possessed by different chambers
what is rational theory in relation to constitutional arrangements
Focus on the actions and behaviours of groups and individuals
Constitution changes under different governments
What is cultural theory in relation to constitutional arrangements
Focus on history, shared values and cultural context
Constitutions and their origin, why legislatures have evolved to what they are
structural points for role of the 2 constitutions
Codification makes it harder to amend
Parliamentary sovereignty leads to a more powerful executive less
Direct election in USA for congress leads to more gridlock than the uk
Rational points for role of the 2 constitutions
Constitution limits presidents formal powers so needs to use “power to persuade”
The US constitution gives president a direct mandate, uk needs loyaltys from mp’s
Mid-terms mean presidents pass key legislation in first 2 years - trumps tax cuts
Cultural points for role of the 2 constitutions
Codification and entrenchments of rights reflects the founding fathers wants to preserve liberties
The evolution of the UK constitution still has left past things like HOL and royal assent
Entrenched rights means US citizens know their rights clearly
structural points for the legislature
Both parts of congress have high power, HOL doesn’t
Executive is found within the legislative in the UK
USA power lies more with the states meaning congress isn’t as powerful as Westminster
Rational points for the legislatures
2 parties have dominated legislatures in both UK and US
Party discipline better in the UK, US needs bipartisanship to pass some bills
Cultural points for the legislatures
parliament has old traditions - kings speech, USA not so much
The debating floors of congress is a lot less theatrical to the commons esp PMQS
Rational points for devolution and federalism
USA state elections are significant
US pressure groups focus on state legislatures whereas in UK lobbying is done to parliament
UK has nationalist parties like SNP and sinn Fein
