Exam Questions June 2022: Devolution and Federalism Compared Flashcards
How does/doesn’t federalism and devolution operate in similar ways regarding entrenchment?
US:
- Federalism is constitutionally entrenched - e.g. 10th Amendment - any ‘powers not delegated are reserved to the states respectively’ - powers are much more rigid - therefore they are unable to be amended if required.
UK:
- However Parliament remains sovereign - they are able to repeal acts that devolve powers - e.g. Norther Ireland Constitution Act 1973 - Parliament took over Stormont when it collapsed in 1972.
How does/doesn’t federalism and devolution operate in similar ways regarding powers of states/devolved nations?
US:
- Federal government has increased its hold over states in recent years - e.g. Bush’s No Child Left Behind Act 2001 - uniform school examinations across the US - greater federal role in education.
UK:
- Greater legislative diversification - closing the gap between the two nations - e.g. Scottish earners pay more tax in highest band (46%) whereas in England students pay more for tuition fees.
How does/doesn’t federalism and devolution operate in similar ways regarding use of direct democracy?
US:
- Used frequently at state level - e.g. ballot measures/initiatives - e.g. Prop. 22 in California in 2020 - Uber drivers are independent contractors - some states allow individuals to propose their own ballot measures.
UK:
- Also used to decide matters in developed nations - e.g. Scottish 2014 referendum - increased the youth turnout - increasing overall turnout to 84.6% - good for legitimacy, good for democracy.
How does/doesn’t federalism and devolution operate in similar ways regarding the use of the judiciary?
US:
- Both use the judiciary to apportion powers to states - e.g. Unites States v. Arizona - struck down Arizona’s immigration law as it encroached on federal government powers.
UK:
- also use the courts to apportion powers - e.g. Attorney General’s Reference of the Wales Agriculture Bill 2014 - challenged bill as it went beyond the powers in the Wales Act 206 - within the competences of the Senedd as it did not relate to industrial relations - increased politicisation of the judiciary.
Discuss whether federalism is more effective than devolution regarding entrenchment.
Decentralisation:
US:
- 10th amendment - all powers not within the constitution are ‘reserved to the states’ - constitutional sovereignty means this is entrenched in higher law - cannot easily be repealed - courts are eager to protect states’ rights - e.g. Butler v. United States (1936) - Congress was wrong to tax agricultural commodities - competence of states.
UK:
- Decentralisation is made by statute, like any statute, may be easily repealed - e.g. Northern Ireland Constitution Act 1973 - abolished Stormont when it collapsed - Parliament took over - however easily amicable - devolution is a more flexible system.
Discuss whether federalism is more effective than devolution regarding representation.
Representation:
US:
- States are able to opt for their own electoral system - e.g. Cumulative voting is used by over 200 state jurisdictions - however 48/50 states still use FPTP to elect electors to the EC - federally maintained PR is the only way to achieve absolute PR.
UK:
- Also able to adopt their own electoral system - may lead to more representative devolved assemblies - e.g. NI used STV - e.g. 2019 Sinn Fein won 29% of the vote and 30% of the seats.
Discuss whether federalism is more effective in the US than devolution in the UK regarding participation.
Participation:
US:
- Ballot measures in the US are a regular way to encourage participation within state political systems - e.g. Prop 22 in California in 2020 - Uber drivers are ‘independent contractors’ - individuals may present their own ballot measures.
UK:
- Referendums are an excellent opportunity to turn out and participate in regional systems - e.g. Scottish Independence Referendum in 2014 - led to increased youth turnout - led to higher overall turnout of 84.6% - though they are used less frequently.
