Examine the differences in the separation of powers in the US and UK constitutions. Flashcards
Point (US)1: ?
US maintains a strict separation of powers, ensuring that power is distributed evenly among the branches to prevent any one branch from dominating. In contrast, the UK’s fusion of powers allows for more cooperation and flexibility but can lead to executive dominance, weakening the traditional separation of powers
Explain + evidence 1 (UK): ?
The Appointments Clause in Article II: federal judges are nominated by the President but confirmed by the Senate with 2/3 majority
Article I, Section 6 prohibits the President from being a member of Congress. The US system clearly defines the roles of each branch of government and prevents overlap between them.
Point (UK) 1:
fusion of powers, where the executive is drawn from Parliament, creating a system where roles overlap. This fusion can lead to executive dominance, especially with a large parliamentary majority, which weakens the traditional separation of powers.
Explain + evidence (UK) 1:
Current pm is MP for Holborn and St Pancras, Blair had a majority of 418 in 1997 and faced no defeats until 2005 with the terrorism bill in 2005. This fusion weakens the traditional separation of powers.
Point (US) 2:
The US Constitution incorporates a system of checks and balances to ensure that each branch of government can limit the powers of the others. The President has the power to veto legislation, Congress can override vetoes and impeach the President, and the judiciary can declare laws unconstitutional
Evidence + explain (US) 2:
The impeachment of President Donald Trump in 2019 and 2021 demonstrated the power of Congress to check the executive. House of Representatives impeached Trump on charges of abuse of power, and though he was acquitted by the Senate, the impeachment process itself is a prime example of the legislature holding the executive accountable. Congress can override a presidential veto with a two-thirds majority, as was done with the Justice Against Sponsors of Terrorism Act (2016). These mechanisms prevent any one branch from gaining unchecked power and help maintain a balance in governance.
