Comparing constitutional arrangements

Question 1

Structural theory

Answer 1

Focuses on institutions and their formal, outward appearance (Eg. The way Constitutions can be amended)

Question 2

Rational theory

Answer 2

Focus on the actions and behaviors of groups/individual. Emphasis is on what political tactics make logical sense

Question 3

Cultural theory

Answer 3

Emphasis on history, shared values and cultural context

Question 4

Similarities in structure and potential for change

Answer 4

• both lay out the framework of democratic politics and accountable institutions
• both seek to defend individual rights and deal with discrimination
• both adapted to mass democracy without major constitutional revolution unlike France

Question 5

Differences in structure and potential for change

Answer 5

• B= uncodified constitution USA= codified constitution
• B= easy to amend
  USA= hard to amend
• B= parliament is sovereign
  USA= constitution is sovereign
• B= convention becomes important in the absence of clear entrenched procedures
  USA= Articles of Constitution precise but terminology is vague

Question 6

Power distribution

Answer 6

USA = deliberate separation of powers
UK = fusion of powers (few formal checks on PM)

Question 7

Legislative power

Answer 7

Similarity:
- passes all national and federal laws (where pressure groups focus their lobbying)
Differences:
- UK= focus entirely on Commons
USA= Lobbyists target both Senate and House

Question 8

Executive power

Answer 8

Similarity:
- draws up policies and set out political agenda (Eg. MAGA and Get Brexit Done)
Difference:
- UK= PM with healthy majority can easily get their agenda through
US= Presidents have to negotiate and bargain with congressional leaders (Trump struggle with border wall funding)

Question 9

Limits on executive and legislative power

Answer 9

Similarity:
- neither can be imperial (PM checked in Commons, President checked by Congress
Differences:
- US= checks and balances earthed into political system with vetoes and supermajorities
UK = only formal veto point (denial of royal assent) hasn’t been used since 1707

Question 10

Role and impact of the judiciary

Answer 10

Similarity:
- judiciary can rule against legislative and executive (Eg. UK ruling with ECHR and US ruled line item veto unconstitutional)
Differences:
- US= far more powerful in shaping state, landmark cases are major part of US constitutional and political history (constitutional sovereignty)
UK = judiciary cannot rule Acts of parliament unconstitutional just incompatible with EU law (parliamentary sovereignty)

Question 11

Devolved and federal government

Answer 11

Similarity:
- decision making takes place in regional assemblies or in state capitols and campaigning goes on for elected offices
Differences:
- UK = devolution far less important
US= elections to state legislatures and governorships have long been heavily contested (major access points for pressure groups)

Question 12

Context to principles

Answer 12

US = embraced key features such as republicanism and representative government, product of short lived failed revolution
UK= product of centuries of evolution and has been adapted over time to incorporate democratization etc, still monarchial

Question 13

Context to heritage

Answer 13

US= took inspiration from ancient Rome and Greece
UK= legacy of hereditary practice and deference (Eg Lords and Commons)

Question 14

Context to individual rights

Answer 14

US = more explicit about the protection of rights, greater attachment to liberty, didn’t intend to protect rights of every man and woman (Bill of rights and Magna Carta stressed need to limit ability of monarchs)
UK = historic attachment to civil liberties, didn’t start with intention to protect every man and woman

Question 15

US federalism

Answer 15

• entrenched principle of the constitution
• greater law making powers than the UK (Eg. Death penalty)
• US states can decide the electoral system they use
• all 50 states enjoy legislative equality but state law must conform with both federal law and the constitution

Question 16

UK devolution

Answer 16

• adopted as a parliamentary statute (can be reversed)
• growing legislative divergence (Eg. Higher uni fees in England than Scotland)
• devolved assemblies get to partially decide their own electoral system for assembly elections
• doesn’t apply to the whole nation (Wales, Scotland, and Northern Ireland)

Question 17

Parliaments strengths

Answer 17

Can question executive directly
Range of parties represented
Government can implement policies

Question 18

Parliament weaknesses

Answer 18

Doesn’t provide effective enough check on the executive
Second chamber is weak
Committees either dominated by parties or are relatively toothless

Question 19

Congress strengths

Answer 19

Strong and established committee system
Powerful chambers reduce chance of one party dominance
Important checks on executive (Eg. Veto override, impeachment)

Question 20

Congress weaknesses

Answer 20

Very effective at stopping things from happening
Overly partisan with less objectivity (republican controlled committees investigate democrat executives with partisan rigour)

Question 21

Structural theory: comparing constitutions

Answer 21

• codified v uncodified
• fusion of powers v separation of powers
• federal v unitary

Question 22

Cultural theory: comparing constitutions

Answer 22

• attachment to states rights v parliamentary dominance
• product of evolution v product of revolution
• aristocratic church power v classical republican world

Question 23

Rational theory: comparing constitutions

Answer 23

• lobbying Supreme Court v lobbying parliament
• spend time persuading fellow party members
• lobbying state gov v lobbying devolved assemblies

Question 24

Structural theory: comparing devolution and federalism

Answer 24

• every state retains law making powers by constitution v devolution not entrenched by constitution
• federalism uniform across all states v devolution only in some parts

Question 25

Rational theory: comparing devolution and federalism

Answer 25

• in USA state elections are very significant
• US pressure groups focus activity on state legislatures v parliament focus of lobbying

Question 26

Cultural theory: comparing federalism and devolution

Answer 26

• states rights deep rooted in US political history reflected in strong attachment to state based institutions, state governors enjoy higher approval ratings than presidents v UK regional assemblies more recent on arrival on the political stage

Question 27

Structural theory: comparing legislatures

Answer 27

• Congress enjoys concurrent powers (both chambers) and have powerful committees v UK Commons the dominant chamber in UK (Lords have very few real powers)
• executive found in legislative v entirely separate
  -more power lies in states v Westminster dominating

Question 28

Rational theory: comparing legislatures

Answer 28

• two political parties dominate but third parties more prominent in Westminster
  -party discipline stronger in UK less need to persuade v US president still seek bipartisan support

Question 29

Cultural theory: comparing legislatures

Answer 29

• anachronistic traditions (Eg. Queens speech) v Congress longstanding traditions (Eg. State of Union Address) but less dominated by ancient traditions (has developed new ones like filibustering)
• debating floor mainstay of political theatre v direct questioning of ministers or president impossible in Congress due to speration of personnel (lack drama)