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
