Constitution Flashcards
What is the role of a constitution?
To set out the rules of the political game, by regulation the powers, roles and limits of all individuals and institutions in the political process.
What is the fundamental difference between the US and UK constitutions?
US constitution is codified ; UK constitution is un-codified
In terms of sources, how are the US and UK constitutions different?
UK Constitution has a range of sources covering: statute law, common law, conventions, authoritative works and treaties. US constitution is a single source (can be said to give it more clarity and make people appreciate it more)
What is the problem with UK constitution? Does US have same problem? (clarity)
UK constitution doesn’t have same power as an idea over individuals and politicians, also less apparent what the rules are. US constitution can be said to be a better guide to political practice. However, US constitution is still ambiguous. Many debated about how constitution should be applied, restricting its ability to be an effective guide?
How are politicians able to evade the rules, in both countries? Example:
By stating that they don’t apply in a particular case. US presidents have claimed authority to initiate military action as commander-in-chief despite Congress having the constitutional power to declare war.
What has the vagueness of the US constitution allowed for?
Allowed for an increase in federal power without any change being made to the constitution. This suggests the constitution has provided very weak set fo regulations in determining the power of the states.
What are the key provisions of both constitutions:
Separation of powers Checks and balances Regional Power Location of Sovereignty Rights Protection Amendment Process
What is the separation of powers in like in the UK vs US?
UK: Parliamentary System: 3 separate branches (executive, legislature and judiciary) but they overlap/fuse power. At elections, people vote for the legislature (parliament) only. The government (executive) is drawn from and sits in parliament. US: Presidential System: Separation of powers between executive, legislature and judiciary- no one can be part of 2 branches at the same time. Separate elections for the legislature (Congress) and executive (pres)
What is the significance of the differences in the separation of powers?
Fusion of powers in the UK provides a basis for greater executive domination. Parliamentary system means that the pm must command a majority in the HoCs- a majority they can deploy to achieve their policy goals. Awarding of a mandate in the UK is usually claimed by the winning party, in which a pm claims a right to put manifesto promises into practice. US presidents are often in a situation where they lack a Congressional majority, so are more subject to legislative opposition than a pm. Congress and pres can also claim an equal mandate and the right to govern- creates an ‘invitation to struggle’.
What are checks and balances like in the UK vs US?
UK:
- System of checks and balances exists between 3 branches (but low quality)
- Parliament can check gov by voting on its legislative proposals and using a vote of no confidence
- House of Lords is unelected so can’t reject decisions made by Commons
- PM, as head of gov, commands a majority in HoC
US:
- High premium placed on effective checks and balances between the 3 branches
- President can propose and veto legislation, nominate to the executive and is commander in chief.
- Congress can propose, amend and pass legislation, ratify treaties and appointments and declare war.
- Both House and Senate provide powerful checks on the executive and each other
What is the significance in the difference between the checks and balances?
Both provide a system of checks and balances with legislatures able to provide checks on the executive branch (e.g. voting on their legislative proposals). UKs fusion of powers limits the effectiveness of checks and balances due to executive domination of the legislature. By contrast, the US president and Congress are interdependent; each finds if difficult to act without agreement of the other. In UK, while parliament can vote against the gov, checks and balances aren’t powerful. Power tends to be concentrated in the hand of the government or pm, and the powerful whip system and patronage ensure a loyal majority to the Commons. The US constitution provides extensive checks and balances which prevent such executive domination. President lacks ongoing patronage power. Members if Congress within Presidents own party may be more loyal to constituents that to pres.
What is regional power like in the UK vs US?
UK:
- Regional Power is given in the form of devolution. Parliament can give power to regions but this power isn’t constitutionally guaranteed.
- Different regions have different levels of power: Scottish Parliament had most power while England has no devolved power.
US:
- Regional power created through the provision of federalism
- Power of states can’t be reduced without their consent through a 75% vote to amend the Constitution.
- Regional power is even: each state has same powers.
- Regional Powers of states are more extensive in US.
What are the similarities of regional power between the UK and US?
Power is divided between central government and regions
There have been attempts to increase regional power in both countries in recent years
In practice both systems provide similar levels of protection because:
- UK devolution is protected by high expectations that regions should have significant power- devolution is therefore unlikely to be reduced/removed.
- US federalism had been eroded by federal intervention and Supreme Court interpretation.
What are the differences of regional power between UK AND US?
Regional Power is constitutionally protected in US, not in UK
Regional power varies in UK but is uniform in US
Higher levels of regional power in the US to determine policy than regions in the UK
What are the significances between the differences in the UK and US regional powers?
US federal system vs uk devolution system. Devolution in UK means power is less protected than in federal US. To reduce the power of regions in the UK, the HoC requires only a 50% plus vote, a more difficult constitutional amendment is required in US. Not to say that the level of regional power has to be higher in us (although it is). Federalism doesn’t give regions greater power, simply protects their power from the central government. Federalism should give greater protection to state power but effectiveness is open to q. In the US the federal government and the Supreme Court have gradually allowed for significant erosion of state power.. In the UK, the structure of parliamentary sovereignty allows for the reduction of the power of devolved regions.
