COMPARATIVE POLITICS CONSTITUTIONAL ARRANGEMENTS Flashcards

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1
Q

Areas of similarity

A

Principles of representative government

evolved and developed overtime

Seek to protect rights of citizens

providers an independent judiciary

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2
Q

US vs UK sources of constitution

A

uk - many: statute law, 1689 bill of rights

US - single constitution

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3
Q

US vs UK amendments

A

uk - easy via acts of parliament

Us - hard through amendment system

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4
Q

US vs UK drawing up constitution

A

uk - evolved over the centuries

US - ratified one time and amended infrequently

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5
Q

US vs UK sovereignty

A

uk - parliament is sovereign

US - constitution is sovereign

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6
Q

US vs UK checks and balances

A

uk - few formal checks and balances

US - formal system of checks and balances

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7
Q

US vs UK separation of powers

A

UK - fusion of powers

US - separation of powers - members of executive cant be in legislative

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8
Q

US vs UK citizens rights

A

UK - protected by acts of parliament and common law

US - Many protected in constitution and bill of rights

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9
Q

US vs UK as a principle of separation of powers

A

UK - not a fundamental principal

US - fundamental - each branch is written in the constitution

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10
Q

US vs UK separation of institutions

A

UK - less separation - executive sit in legislator

US - formal separation

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11
Q

US vs UK checks through supreme court

A

UK - not much - UKSC can claim things to be against HRA

USA - USSC can strike down executive orders or laws as unconstitutional

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12
Q

US vs UK overriding supreme court

A

UK - can release fresh legislation to override

US - congress can’t override without a new amendment

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13
Q

SIMILARITIES IN FEDERALISM AND DEVOLUTION

A

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

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14
Q

US vs UK amount of devolution

A

UK - exists in a minority of uk and none in england

US - entire usa has federalism

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15
Q

US vs UK constitutional federalism

A

UK - Recent change and entirely from legislation - powers delegated not given

US - in constitution from the beginning, clear division in powers not delegated

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16
Q

SIMILARITIES IN THE LEGISLATURES

A

both are the supreme law-making body

both scrutinise the executive

Each is bicameral

Dominated by parties

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17
Q

US vs UK laws being struck down by courts

A

UK - Statutes can’t be struck down, can be incompatible with HRA

USA - federal law can be called unconstitutional

18
Q

US vs UK elected houses

A

UK - commons elected —– lords not

US - Both chambers are directly elected

19
Q

US vs UK houses powers

A

UK - Commons more powerful —- parliaments acts

US - chambers have equal legislative powers

20
Q

US vs UK gridlock between houses

A

UK - doesn’t happen

US - frequent as two chambers have to agree on a bill

21
Q

US vs UK executive and legislature

A

UK - executive found in the legislature , ministers accountable to parliament

US - legislature is separate and independent of executive

22
Q

US vs UK legislator removing executive

A

UK - vote of no confidence gets rid of an entire government

US - Legislator removes one person not entire executive

23
Q

strengths of the US constitution

A

Can amend informally through judicial review and interpretative amendments

vaguity allows it to evolve over time

Enables power to be spread

24
Q

Weaknesses of the US constitution

A

Difficult to amend formally

Vague leads to conflict - gun rights

Causes gridlock through power being shared

25
Q

Strengths of the UK constitution

A

easy to change - been changing in the right direction

Rights protected by statute protected by ECHR

Gives PM power over parliament

26
Q

Weaknesses of the UK constitution

A

Changes a lot

Citizens rights not entrenched

Lead to dictatorship PM’s

27
Q

US and Uk coming together - Codification

A

UK constitution increasingly codified - equality act 2010

28
Q

US and Uk coming together - Federalism

A

Devolution made uk quasi-federal, while USA having a larger fed gov

29
Q

US and Uk coming together - Role of judiciary

A

Supreme court in UK more high profile - Prorogation of parliament 2019

30
Q

US and Uk coming together - entrenched rights

A

UK has some entrenched under HRA

31
Q

US and Uk coming together - legislative vs executive

A

Recent PM’s like cameron and may not had an “imperial” leadership

But johnson and Blair did/do

32
Q

what is structural theory in terms of constitutional arrangements

A

Focuses on institutions and their structure

Examples - constitution amendments, powers possessed by different chambers

33
Q

what is rational theory in relation to constitutional arrangements

A

Focus on the actions and behaviours of groups and individuals

Constitution changes under different governments

34
Q

What is cultural theory in relation to constitutional arrangements

A

Focus on history, shared values and cultural context

Constitutions and their origin, why legislatures have evolved to what they are

35
Q

structural points for role of the 2 constitutions

A

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

36
Q

Rational points for role of the 2 constitutions

A

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

37
Q

Cultural points for role of the 2 constitutions

A

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

38
Q

structural points for the legislature

A

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

39
Q

Rational points for the legislatures

A

2 parties have dominated legislatures in both UK and US

Party discipline better in the UK, US needs bipartisanship to pass some bills

40
Q

Cultural points for the legislatures

A

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

41
Q

Rational points for devolution and federalism

A

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