Comparing Consitutional Arrangements Flashcards
What is the structural theory:
Focuses on institutions and their structures.
Examples include the ways in which the constitution can e amended and the powers possessed by different chambers in legislatures.
What is the rational theory?
Focuses on the actions and behaviour of groups.
Applied to voting behaviour, methods used by pressure groups.
Emphasis on the political tactics in a situation.
What is cultural theory?
Emphasis on history, shared values and cultural context.
Applied to constitutions and their origins. natures and traditional values of political parties and the background to why legislatures and judiciaries have developed.
What are the similarities between the UK and US constitutions?
- Both lay out the framework of democratic politics and accountable political institutions.
- Both seek to defend individual rights and deal with discrimination.
- Both have abated to the emergence of mass democracies without the need for a political and constitutional revolution ( Germany and France have had new constitutions implemented).
What are the key differences between the UK and US constitutions?
- UK is uncodified where as US is codified.
- The Uk constitution is easier to update than the US constitution.
- The UK has parliamentary sovereignty, where as the US has constitutional sovereignty.
- Often a lack of clarity in the UK constitution, US constitution ban be very specific.
- US has a separation of powers, where as the UK has a fusion of powers.
What are the differences in the legislative powers of the UK and US constitutions?
- In the UK the focus of PGs is almost entirely on the commons.
- In the USA lobbyists target the house and senate.
What are the similarities in the legislative powers of the UK and US constitutions?
- elected legislatures pass all national laws.
- pressure groups have to focus on lobbying congress or parliament.
What are the key similarities in the executive powers of the UK and US constitutions?
- Executive plays a significant too in setting up the political agenda.
‘make America create again’
‘Get Brexit done’.
What are the similarities in the limits on executive and legislative power in the UK and US constitutions?
Neither President of PM can be imperial;.
- PM can be checked by parliament and the President can face an uncooperative congress.
What are the similarities in the limits on executive and legislative power in the UK and US constitutions?
Neither President of PM can be imperial;.
- PM can be checked by parliament and the President can face and uncooperative congress.
What are the differences in the limits on executive and legislative power in the UK and US constitution?
- Checks and balances are entrenched in the US political system.
- The only for of veto, the denial of royal assent, has not been used since 1707.
What are the similarities in the role and impact of the judiciary in UK and US constitutions?
- In both the judiciary can rule against the executive and legislature (in the UK its if a bill is incompatible with ECHR).
What are the differences in the role and impact of the judiciary in the UK and US constitution?
- US judiciary is more powerful - landmark cases are a major part of US political history.
- UK Courts do not have the power to rule Acts of Parliament as unconstitutional .
- SCOTUS lobbied by interred groups with ‘amicus curiae briefs’.
What are the similarities in devolved and federal government in the UK and US constitutions?
- Lots of decision making takes place in regional assemblies or state capitols.
- Means that developed bodies are an important target for pressure groups.
What are the differences in devolved and federal government in the UK and US constitutions?
- Devolution in the UK remain less important than the federal structure in the USA.
Elections to state legislatures and governorship have long been heavily contested.
What are the differences in the principles of the US and UK constitutions?
- US constitution was set out with clear principles in mind - republicanism and representative government.
- British constitution is the product of centuries of evolution - democratisation and the expansion of the franchise.
- There remains a hereditary legacy in the British constitution with the presence of hereditary peers.
Similarities in the ways both constitutions tackle individual rights:
- US constitution is more explicit about the protection go individual rights, the UK also has a historic attachment to civil liberties.
- Magna Carta and the Bill of Rights.
Differences between UK devolution and US federalism:
Federalism is an entrenched principle of the US constitution (10th amendment).
Devolution in the UK was adopted by parliamentary .
Devolution only applies to Scotland, Wales and Northern Ireland.
What are the similarities between the legislatures of the UK and the US:
Both pass laws that have legislative supremacy over any state or devolved measures.
Both have a representative role.
Both institutions are bicameral.
Political parties dominate proceedings in Congress and Parliament.
The two largest parties are overrepresented.
Similarities between the UK and the US legislators representative nature:
Both parliament and congress remand largely more male, white and older than the general population.
- 220 women were elected to parliament in 2019.
- 1/4 of congress was female in 2020.
Differences in how the legislator acts as a check on the executive in the UK and the US:
- UK PM must consider the power of backbenchers. (confidence votes_.
- In the US congress can only impeach a president - only one Republican Senator Mitt Romney voted to impeach Trump in 2020.
Differences in how the legislator is viewed by voters in the UK and the US:
- Congress is historically unpopular - you have to go back to 2003 to find approval rating of more than 50%.
What are parliaments key strengths:
- The ability to question members of the executive directly.
- A range of parties are represented in the chamber.
- Government can implement policies with relative ease.
What are some criticisms of parliament:
- Doesn’t provide an effective check on the executive.
- The second chamber is weak.
- its committees remain dominated by the party or relatively toothless
What are the main strengths of congress:
- Strong and established committee system.
- 2 powerful chambers.
- Several important checks on the executive - veto override and impeachment.
What are some criticisms of Congress:
- Congress is often a ‘bastion of negotiation’ - stops things from happening.
- Congress has become overly partisan.
Structural theory: Comparisons in the nature of the two countries constitutions.
- US constitution is codified.
- British constitution is uncodified.
-Fusion of powers in the UK contrasts with the separation of powers in the US. - The US has a federal arrangement and the UK has a predominantly unitary structure.
Rational Theory: Comparisons in the nature of the constitutions.
- The key role of the SCOTUS makes it a focus for PGs and lobbyists. In the UK it is only parliament that is traditionally lobbied.
- In both constitutions. leaders have to spend time persuading members to support their bills and policies.
- Federalism makes states a target for lobbying
Cultural theory: comparisons in the nature of the constitutions.
- Deep-rooted attachment to states; rights in America were as in the UK there is an emphasis on parliamentary dominance.
- British constitution the product of evolution and gradual change. ( US constitution made mainly in one go at 1787 Constitutional convention).
- British constitution retains residual elements of aristocratic and church powers ( eg Lords).
Structural theory: Comparisons between devolution and federalism in both countries.
- 10th Amendment embeds federalism into the US condition. Devolution in the UK is only granted through parliamentary statute.
- Federalism applies uniformly across the US, where as in parts of the UK devolved powers remain relatively limited.
Rational Theory: Comparison between devolution and federalism.
- In the USA, state elections are significant and fiercely contested.
- US pressure groups focus their activity on state legislatures but also state Supreme Courts.
- In the UK devolved regions contain significant nationalist parties. By contrast succession has been off the cards for US states since 1865.
Cultural theory: Comparisons between devolution and federalism.
- State’s rights are a deep rooted concept in US political history.
- State governors often enjoy higher approval ratings than the president and congress.
- Profile of the leaders of UK regional assemblies has risen over recent years.
Structural theory: comparisons between the two countries legislatures.
- Both parts of congress enjoy significant concurrent powers over legislation.
- US also has powerful committees ( House committees can instigate impeachment and the Senate Judiciary Committee plays an important role in the confirmation of judicial nomination.
- !911 Parliament Act significantly reduced the power of the Lords.
- The executive of the UK is found in the legislature, in the US its totally separate.
- States also have power in the US., meaning that congress is not the only important political arena.
Rational theory: key comparisons between legislatures.
- Both parties have a two party system. 3rd parties are more significant in Westminster.
- Party discipline is stronger in the UK meaning there is less of a need for party leaders to persuade MPs.
Cultural theory: Comparisons between the legislatures.
- Parliament has anachronistic traditions such as the Queen’s speech and the divisions system of voting.
- Congress also has longstanding traditions like the state of union address.
- In the UK the commons and PMQs are mainstays of political theatre, direct questioning of ministers or the president is impossible in congress.
What are the similarities in the limits on executive and legislative power in the UK and US constitutions?
Neither President of PM can be imperial;.
- PM can be checked by parliament and the President can face and uncooperative congress.
What are the differences in the limits on executive and legislative power in the UK and US constitution?
- Checks and balances are entrenched in the US political system.
- The only for of veto, the denial of royal assent, has not been used since 1707.
What are the similarities in the role and impact of the judiciary in UK and US constitutions?
- In both the judiciary can rule against the executive and legislature (in the UK its if a bill is incompatible with ECHR).
What are the similarities in devolved and federal government in the UK and US constitutions?
- Lots of decision making takes place in regional assemblies or state capitols.
- Means that developed bodies are an important target for pressure groups.
What are the differences in the executive powers of the UK and US constitution?
- PMs with a healthy majority can mostly get their agenda through parliament.
- Harder for presidents who have to negotiate with congressional leaders. (Trump found it difficult to secure the funding for his Mexican border wall).
