Comparing constitutional arrangements Flashcards
What are the similarities/differences of the impacts on government?
SIMILARITIES:
- elected legislature passes all national/federal laws.
- executive plays significant role in drawing up policies/setting political agenda.
- judiciary can rule against legislature/executive.
- devolution/federalism - spreads power out to subnational gov.
DIFFERENCES:
- UK - parliamentary sovereignty; US - constitutional sovereignty.
- UK - lack of clarity on roles/practices; US - very precise in roles/duties of each branch.
- UK - more unitary system/devolution only in Wales, Scotland, NI; USA - state govs more powerful than devolved bodies/federalism is national.
What are the similarities and differences in the nature of the constitutions?
SIMILARITIES:
- both lay framework of democratic politics/being accountable to political institutions.
- both aim to defend individual rights/deal with issues like discrimination.
- leaders often have to spend time persuading party members to support bills/policies.
DIFFERENCES:
- UK - uncodified; US - codified.
- UK - easier to amend/change, product of evolution and gradual change; US - hard to amend, product of revolution and was created largely in one go at 1787 Constitutional Convention.
What are the similarities and differences in the sources of the constitutions?
SIMILARITIES:
- both have roots in past via classical republicanism/traditional monarchism.
- share cultural similarities when it comes to individual rights.
- both have key documents that express need to limit ability of monarchs eg Magna Carta/1689 Bill of Rights.
- both capable of adaption; neither started off with intention of protecting rights/liberties of every man and woman.
DIFFERENCES:
- UK - borrowed from monarchical/hereditary principles.
- US - purposefully formed with clear principles in mind that are designed to be applicable in most circumstances; UK - product of centuries of evolution.
- UK - still quite monarchical (royal prerogative powers); US - enumerated powers.
What are the similarities and differences in the provisions of the constitutions?
SIMILARITIES:
- outlines provisions for establishment of three major branches.
- both have provisions that establish president/PM and executive branch.
DIFFERENCES:
- different provisions that outlines procedures that must be followed to amend constitutions.
- UK - flexible with no special procedure; US - when 2/3 of Congressional members agree, an amendment may be proposed.
What are the similarities and differences in the separation of powers in the constitutions?
SIMILARITIES:
- both have legislative, executive, judiciary.
- each branches’ roles clearly distinguished.
- all branches provide checks/limit the others.
DIFFERENCES:
- US - strict system of separation of powers; UK - fusion.
- UK - three branches can overlap so there can be an amalgamation of powers; US - no one can be part of two branches at the same time.
- UK - ppl only vote for legislature; US - separate elections for legislature/executive.
What are the similarities and differences in the checks and balances of the constitutions?
SIMILARITIES:
- both provide checks/balances; legislatures able to check executives.
- both Houses of Parl can provide checks (voting on gov proposals/vote of no confidence); both Houses of Congress can provide checks (amend/pass legislation).
- provide checks on executive; provide checks on other chamber.
DIFFERENCES:
- US - not as high party patronage, so vote in line with constituents; UK - party patronage more likely, undermining checks/balances.
- US - provides extensive checks to prevent executive domination that can be seen in UK.
- US - both chambers elected, so checks more effective/powerful; UK - only HoC elected.
What are the structural comparisons of devolution/federalism?
- Tenth Amendment embeds federalism into constitution -> every state retains considerable law making powers; devolution only granted by parliamentary statute.
- federalism applies uniformly across nation, devolution does not.
What are the rational comparisons of devolution/federalism?
- US - state elections significant.
- US PGs focus much activity on state legislatures/SCs; UK - parliament/Whitehall remain focus.
- UK devolved regions contain nationalist parties which view victory/strong showings as important stepping stone towards independence; secession off the cards for states since 1865.
What are the cultural comparisons of devolution/federalism?
- states’ rights are a deep-rooted concept in US - state governors often enjoy higher approval ratings than presidents/Congress; leader of UK regional assemblies far more recent, though importance has grown considerably.
