Comparative politics - the Constitutions Flashcards
Origins of the Constitutions - Cultural comparison
Differences:
- UK remains a legacy of hereditary practice and deference. Seen in the antiquity of some constitutional documents, e.g the thirteenth-century Magna Carta, and the presence of the hereditary peers, not logical but do not amount to major affront to democracy. Whereas, the US constitution did not borrow from monarchical or hereditary principles, bur from Ancient Rome and Greece.
Similarities:
- Both constitutions, therefore, have roots in the past via classical republicanism and traditional monarchism.
Nature of the Constitutions - cultural comparison
Similarities:
- Both fulfil the same functions of laying out the framework of democratic politics and accountable political institutions.
Both seek to defend individual rights and deal with issues such as discrimination.
Differences:
- The US is codified: hard to formally amend, require supermajorities in both chambers of congress and individual states, best described as rigid. Much harder to remove or revise historic clauses that no longer seem appropriate or desirable to the twenty -first century. The Articles of the US Constitution are very precise in places, for example the roles and duties of each branch, though again, much of the terminology is somewhat grey and vague.
Democracy and sovereignty - Structural dimension
Similarities:
Both have adapted to the emergence of mass democracy without the need for a political and therefore constitutional revolution. This for both differs to other democracies such as France and germany where constitutions have been implemented following political upheaval.
Differences:
- Sovereignty remains in Parliament for the UK, whereas the constitution is sovereign in the US.
Provisions of the Constitutions - Structural dimension
Similarities:
- Judicial review - both court systems have adopted this power through interpretation of the constitution
- The ability of all the branches of government - elected legislatures who pass laws, executives who control agendas, checks and balances - powers and procedures are outlined
- Human Rights are established (Bill of Rights)
- A devolved / federal government for pressure groups
- Both provide formal and informal powers; e.g. executive orders and agreements
Differences:
- US - clear separation of powers, but the Prime Minister is born of piecemeal codification in the UK so checks and balances are not as equal enforced across both countries
- Human rights and separation of powers are entrenched
- Fusion of powers in the UK
- US judiciary can change the nature of the constitution - only the legislature can actually do this in the - UK with statute law (common law is superseded by it)
- Devolution is less important than federalism
- Clear intention on formulation with specific powers - not the same in the UK
- Implied, concurrent, reserved, enumerated powers
- Elastic clause / Necessary and Proper, Supremacy Clause and Commerce Clause
- Articles in one document - in contrast, there are 6 sources with a range of informal and formal powers
- Procedures, powers and checks and balances have been developed not set out in the UK
- In the UK, there is also an expectation of an unelected part because of the monarchial history, which is why the Lords still exists and is advisory
Separation v fusion of powers - Structural comparison
Similarities:
- In both countries, there are 3 distinct branches of government
Differences:
- However, in the US this separation of powers is deliberate and there are clear checks and balances; in the UK, there is a fusion of branches as the executive controls the legislature and so there are fewer checks on the majority
Checks and balances - structural comparison
Similarities:
- Both have similar checks and balances
Differences:
- Main difference is the strength of these checks and balances - checks afforded by the main parliamentary party (rebellion) are few and far between as they are controlled by the executive, and so the checks between the two branches aren’t always strong
- The court is often the main executive check (prorogation ruling)
In the USA, even Presidents who have political control of Congress can find pushing through legislation hard and they also face a lot more legal challenge and must work constantly to maintain support that the PM automatically has
Federalism v devolution - structural comparison
Similarities:
- Devolution is starting to become more federalist with a growth of legislative ability such as different higher education fees across the UK
- Federalism is becoming far more under control from the federal government such as with healthcare and educational initiatives which has reduced state autonomy - the systems are swapping
- Each area can use their own electoral system e.g. Scotland and Wales use AMS
- State laws have to abide by the Constitution and federal law, and abortion laws etc are challenged by courts - the same supremacy issue lies with Westminster with reserved matters
Differences:
- Federalism is entrenched (10th amendment) - devolution is the product of Blair’s constitutional reforms and therefore can be easily repealed - delegation of powers (devolution is granted, federalism is entrenched)
- US states have greater law making powers than the devolved regions of the UK - for example, the death penalty
- Devolution is more recent
- Devolution does not apply to the whole of the UK - federalism does, and all 50 states have legislative equality; in the UK, English laws are Westminster laws, and each devolved region has different powers
Rational comparison of the constitutions
- There are differing influences of pressure groups and political parties in the constitutions; there are more access points in the US for pressure groups because of the separation of powers and no campaign law limits
- In contrast, the UK solves this lack of pressure group power because of a system in which once pressure groups have parliamentary support, they can then push through change much quicker - they also have a wider range of political parties that can make it a more representative system without relying on pressure groups to represent single-issues the big tent parties ignore
Cultural comparison - protection of rights
Similarities:
- Wish to have similar protection of civil rights - both the UK and US are attached to liberty
- Both constitutions contain documents such as the Magna Carta and a Bill of Rights
- Neither constitution started with the intent to protect the rights and liberties of everyone - the Magna Carta, a foundational source of the British Constitution was an agreement between the barons and King John; similarly, the Philadelphia Constitutional Convention was a gathering of colonial white men to reflect their views (3/5 clause)
- The ability of both documents to adapt, revise and add to the human rights protection suggests they have grown in line with the cultures
Differences;
- Human rights are more explicitly protected, and America historically have a greater attachment to individual liberty
Principles of the constitutions - cultural comparison
- US constitution was formulated deliberately with clear principles and comprises needed to make it acceptable and it embraced key features of republicanism and representative government - the US constitution was a product of a revolution against the British system
- In contrast, the British Constitution is the product of evolution and has gradually accepted parliamentary government as well as democratisation and expansion of the franchise since 1832
- The British Constitution is essentially still monarchical, despite being more ceremonial but still involves the use of prerogative powers as opposed to enumerated powers in the US
- In both constitutions however, there is a scope for vagueness in the constitution and implied powers
- The culture of the UK expects this slow evolution and the Lords and monarchy to still have a role that is outweighed by the elected, whereas the US has a priority on creating a fully representative and elected government and Congress
Examples 9 markers
Cultural -
https://docs.google.com/document/d/1mAxkqUildvPnTyj9b_Mb5OWepfmWy_hVpmqxHPb4dD4/edit
