Legislature Flashcards
Difference between UK and US legislatures (12 marker):
US- both chambers are elected ; UK- HoC is elected whilst HoL is appointed. This means Lords are free from patronage power so are relatively free from structures and cultures. Therefore, are more able to use their own judgement than Senators, who are limited my party and constituency expectations (structural approach)
US- separation of powers allows for more extensive checks and balances on executive. ; UK-fusion of powers so parliament(legislature) is dominated by executive branch. Structural approach- laid out in constitution.
US- Congress has a lot of power over executive. 2 equally powerful chambers that can both provide significant checks on executive, restrictions on executive branch = successful. ; UK- HoL is a relatively weak chamber. Have limited power in restricting passage of legislation (Salisbury Convention) & amendments can be overturned by Commons. Structural approach- set out in both constitutions
Lower levels of party unity in US than in UK. Cultural approach. However this is because executive has power of patronage and whipping system in UK to control MPs and ensure they vote on party lines whereas executive doesn’t have this power in US and they rely more on their constituency for re-election.
Parliamentary sovereignty means that parliament is more powerful than Congress. Parliament can make constitutional laws at will, so it can more easily project its power throughout UK system. Can also make major constitutional changes such as leaving the EU by a simple majority vote. Meanwhile Congress is constrained by Supreme Court and the Constitution. It can’t overturn judicial decisions or alter fundamental constitutional practices unilaterally. Structural approach- established by constitution.
Conclusion- many differences between the US and UK legislatures. Includes the location of sovereignty, levels of party unity within the legislatures, the power of the legislatures and the chambers within
