Poltical Systems Flashcards
Intro for legislative scrutinising executive
-both UK and US, legislature is responsible for scrutinising the gov
-many ways can be down such as committees, questioning gov officials and removing head of executive branch from power
- however, the effectiveness of these measures differ in each country
Committees
- In Uk gov is held accountable by select committees of the HOC and HOL
- consist of 10-12 MPs from varous political parties and shadow the work of a government depertment
- to scrutinise gov they homd investigations, write reports and call on ministers to defend their actions
- e.g. privileges committee called on BJ to answer questions regarding aklegations of repeatedly lying to HOC abiut breaking lockdown rules
- Committee concluded that he was intentionally lying to parliament and layer resigned from role as PM
- Shows work of select committes are effective as proven to expose the PM lies, leading to his resignation
- In the US gov is held accointable by standing committees of the senate
- They shadow work of giv agencies
- They review spending, question policy decisions and hold hearings
-However senate committees can also be established to investigate particular work - e.g. in 2012, after attack in American embassy in Iraq, a committee was created in order to investigate US foreign policy
- resulted in published report which was highly critical of Obama administration
- in addition, senate committees have authority to question potential nominees for political office
- this is effective approach as can highlight weaknesses potentially leading to their withdrawal or comms can block them from taking post
- shows senate coms have more power than select comms
- Overall, work of select and senate are similar
- however, senate comms are more effective as have power to block presidential candidates
Hearings
- in both uk and USA hearings take place to question those in executive branch
- in uk, Gov ministers are questioned every Wednesday at noon for 30 mins
- known as PMQ and broadcasted live
- MPs and shadow ministers place gov minister on spot to defend gov actions and policies
- effective way to uncover gov failures
- e.g. Suella Braverman (home sec at time) was placed under immense pressure with questions regarding gobs plan to send asylum seekers to Rwanda and have asylum claim processed there
- shows can highlight flaws in gov and places pressure on ministers to make gov appear competent
- Similarly, in US question time also receives wide audience
- Unfortunately president, vice president and heads of 15 gov departments do not sit in executive branch due to separation of powers meaning cannot be questioned
- however, opportunities to question exec branch members do remain through congressional hearings
- members placed under pressure to answer question while under oath
- do not happen on weekly basis like UK, but they can last up to 5 hours
- High profile cases tend to receive more publicity, which intimidates the questioned making it easy for them to ‘mess up’ and accidentally expose gov
- e.g. Anthony Blinken was questioned for 5 hrs over the decision to withdraw troops from Afghanistan
- shows that hearings can last long time and faults can be easily uncovered
- overall question time in US is more effective than UK
- Because in UK opportunity to question is limited as little time allowed
- whereas in US questioning is continuous and long, meaning that more soecific Q’s can be asked revealing incompetence
Removing head from office
- Both uk and us have ability to remove head from office
- Uk parliament has vote of no confidence
This is used when MPs don’t have faith in the PMs ability to govern the country - e.g. in 2019, Theresa May faced vote of no confidence from MOs regarding questionable handling over brexit, but a majority was not reached
- shows that vote has poetentioak to remove PM from role if there’s a majority
- However, most MP are from same PP as gov as winning party holds most of seats
- means that receiving majority is nearly impossible as MPs will not vote against own party, risking their job and potentially the collapse of the gov
- similarly in US, congress has ability to impeach president if they have committed ‘high crimes and misdemeanours’
- House of Representatives has authority to of impeaching president and then senate hears the case
- if 2/3 of senate vote in favour of impeachment then president is found guilty and removed from office
- e.g. DT was voted by House of repres to be impeached for attempts to overturn results of presidential election in 2020, although he was cleared by the state
- shows representatives of senate have ability to remove president
- however, highly unlikely that impeachment would occur
- In senate winning party holds most of the seats
- means that when trying to impeach the president, most would have to vote against their own PP
- shows that gaining invite of majority of senate is extremely unlikely
- On paper, both impeachment and vote of no confidence should remove head from office, but in reality it is almost impossible making both ineffective
Conclusion for legislative scrutinising executive
- in conc, work of us legislature is arguably more effective at scrutinising the work of gov
- This because they can highlight weaknesses through long congressional hearings, shadow work through committee investigations and place pressure on nominees by questioning
- These tactics highlight any flaws within g gov system and show that US legislative branch is significantly more effective at scrutinising gov than Uk
Orgin of legislation uk
Majority of bills introduced to parliament are introduced by the government. This means secretary of state will be responsible for submitting bill to parliament.
FOR EXAMPLE, Donald Dewer, Secretary of State for Scotland introduced the Bill proposing the creation of the scottish Parliament.
Although backbench and opposition ordinary mps can introduce private member Bill it is unlikely to gain enough support for these to become law.
For example, 2023-24 only 6 private members bills made it past second reading stage by Jan 2024
Orgin of legislation USA
Although bills can be written by Executive branch only senators or representatives can introduce bills to Congress.
FOR EXAMPLE, the Bill which sets out annual federal budget orginates from president but requires a member of Congress to introduce it for him.
Passing of legislation UK
Both the uk and us the main function of legislature is to make laws.
Bills either begin in house of commons or Lords. In order for bill to become law it must go through several stages.
Bills introduced to house of commons go through a 1st and second reading then pass onto committee stage. It is at committee stage where each bill is scrutinised line by line and ammendments can be made by mps. Very important stage as any loopholes or issues can be rectified and ammendments made.
Followed by report stage and third reading. If bill passes house of commons it passes on the house of Lords where process is repeated.
Passing of legislation USA
Similar to uk in that bill can be introduced in either upper or lower house and has to go through various stages before bill becomes law.
Committee stage is key and even more important than in uk. Second stage and occurs before any reading in the legislature. In the USA bills fan fail at Committee stage.
Eg. Each year over 10,000 bills are submitted but only 2-4% become law
Powers of upper house UK
House of Lords debate and scrutinise laws and investigate policy issues. Almost all bills have to pass through them and have the power to revise and amend legislation.
HOWEVER, power limited as they can’t block legislation and any ammendments made by them can be ignored by house of commons.
FOR EXAMPLE, Jan 2024 house of Lords voted agaist Rwanda Bill but rishi sunak government has said it will ignore recommendations.
Can delay bill by one year but not block.
Powers of upper house USA
The upper house (senate) and lower house (house of representatives) have equal power when it comes to passing legislation.
For bill to become law it requires support of both houses, Congress and the president.
Senators can kill a bill if majority vote agaist it regardless of if has support of president and house of representatives
FOR EXAMPLE, senate blocked Joe Bidens for the people act which would have protected voting rights
Ability to stop a bill regardless of support of other houses highlights power of senate in legislation process
Power of the head of state UK
Monarch is head of state but lacks political power. The king gives royal assent before a bill becomes an act of Parliament but can’t refuse to give it as this would create a constitutional crisis.
Role of monarch is purely ceremonial and lacks authority
Power of head of state USA
President has very important role to play in passage of legislation. President has power to block laws passed by Congress either by presidential veto or failing to sign it.
FOR EXAMPLE, Donald Trump used his presidential veto on 10 occasions during the 116th congress
Limit to power as presidential veto can be overturned by 2/3rd majority un both senate and house of representatives.
HOWEVER, high threshold very difficult to achieve meaning President gas almost unlimited power to block legislation becoming law
Intro for nature and status of constitution
- UK and the US are well-developed countries with constitutions
- there are many ways that they are different
- such as status, nature and flexibility
- this essay will…
Status
- status varies in each country
- UK constitution not seen as important
- constitution is uncodified and many unaware Britain has one
- UK constitution is low in status
- no sense of protectiveness towards it, unlike US
- however, in US constitution is very high status
- citizens aware of rights, especially those in Bill of rights
- americans protective over some rights such as right to bear arms
- any attempt to change is met with hostility
- importance of constitution also extends to law making
- constitution is supreme, so it can block legislation if deemed unconstitutional
- highlights importance of constitution as can override legislation that has support of both, legislative and executive
- overall, constitution is much higher status in the US than the UK as people are much more aware of its existence
