Scrutiny Powers Flashcards
What are three ways Congress and parl scrutinise?
-both have bicameral legislatures
-through committees
-weaknesses of gov - minority UK + divided gov US
What are scrutiny powers?
-important function to oversee + check works of both executives
-scrutiny important in ensuring ‘respective and representative gov
How does the US have a bicameral legislature? - 1
-US Congress 2 chambers - house + senate
-senate is the most signif in terms of securitising
What makes the house a scrutinising body?
-larger membership than senate + shorter terms enables more investigative + active oversight
What is the main scrutinising power the house holds?
-power of impeachment
-while senate holds power to remove from office, the house initiates this removal
What is an example of the house using its impeachment power?
-impeached Clinton 1998 over Monica Lewinsky scandal
-Trump 2019 + 2021 over abuse of power + obstruction of congress
What are the scrutinising powers of the senate?
-most important due to ‘advice + consent’ roles
What are advice + consent roles?
-confirmation powers
-confirming presidential nominations incl. federal judges, cab members + other high profile positions
What does this entail?
-scrutinises those nominated by pres
-senate judiciary committee holds detailed hearings to evaluate nominees - rejects or approves with decision impacting executive power
What is an example of this?
-Trump judicial nominee Kavanaugh 2018
-Dr Ford came forward with high school sexual assault case
What was the result of this?
-SJC faced intense scrutiny + decided in 11-10 vote in favour of Kavanaugh
-all repubs voted yes
Why was this controversial?
-divided public + lawmakers as viewed as politically charged response from Repub controlled senate
How is the UK bicameral?
-Parliament split with commons + lords
-commons most effective scrutinisers
How is the House of Lords a scrutinising body?
-called the revising chamber
-scrutinise + amend legislation passed by HoC
What is the composition of the lords?
-experts in fields incl. law, business, medicine etc.
-this allows depth in scrutiny of bills from all areas providing differing perspectives
What is an example of the HoL being effective scrutinisers?
-2018 scrutinised European Union (withdrawal) act proposing amendments related to Brexit
What did these amendments entail?
-ensuring greater parl control over process of leaving EU
-checks + balances on gov policy
How else is the HoL effective at scrutinising?
-scrutinises secondary legislations (delegated) made by ministers under powers granted by act of parl
What is an example of scrutinising de,elated legislation?
-coronavirus act 2020 examined delegated powers to ministers to manage pandemic
-raised concerns about their impact on civil liberties
What is the role of the commons in scrutinising?
-provide democratic legitimacy
-constitution supremacy
-direct role holding gov account makes it more important
How does providing democratic legitimacy help with scrutiny powers?
-made up of MPs directly elected by public
-legit to scruntise gov on behalf of people -whereas HoL unelected limiting their authority
How is the commons the ultimate power for holding gov to account?
-gov formed from commons as stated in constitution
-gov must retain confidence to remain in power
What happens if confidence is lost?
-commons pass VoNC leading to fall of gov if lost
-e.g. Callaghan 1979 lost by 311 to 310
-ultimate holding of gov to account
How does the commons have control over legislation?
-passed hunting act 2004 despite HoL rejecting it x commons supremacy
-commons legislative scrutiny more decisive + impactful
How is the US Congress effective at scrutinising through its committees? - 2
-overweight - key function
-encompasses legislation process + scrutiny of exec branch
How does oversight investigate the executive?
- through standing + select committees
-investigate actions of exec through hearings + compel witnesses provide info for investigations
How are standing committees effective scrutinisers?
-allow Congress manage wide range of issues to legislation on + investigate
How are standing committees effective scrutinisers in terms of their membership?
-long term members are experts in policy area
-carry out more effective oversight than house + senate
What is an example of this?
-senator Leahy on SJC confirmation of Justice Alito 2006
-raised concerns about Alito’s views on executive power reflecting Leahy’s long term understanding of balance of powers
What was the impact of this?
-enhanced ability question + scrutinise due to long term developed knowledge
What UK committees are effective at scrutinising?
-public bull committees (standing) - equivalent to US but less effective
-select committees - most effective
What do public hill committees do to scrutinise?
-me,hers go throng reach line of a bill + make changes
-but PBC only lasts for lifetime of bill + then new one formed for new bill etc.
What is the impact of the lifetime of a PBC?
-lack continuity + accumulated wisdom of the permanent select committees
Not as effective as US standing committees as lack dual functions like reviewing legislation + oversight of exec = more roles thus more effective scrutiny
How does the PBC make effective scrutiny despite flaws?
-effective changes to gov bills
-e.g. committee stage of Investigative Powers act 2016 for electronic surveillance by security services
What did the PBC do regarding this act?
-added additional safeguards to protect journalists
How do UK select committees effectively scrutinise?
-check gov + public bodies doing their job properly + spending tax payers money efficiently
-they launch investigations, call on witnesses + publish reports
What is an example of this?
-2020 treasury select committees urged gov reconsider extending COVID furlough schemes
-a policy advocated by labor
How does the PBC’s being dominated by the executive weaken its scrutinising powers?
-reflects composition of Hoc - gov party holds majority in PBC’s exerting control over committee decisions
What is an example of this?
-nationality + borders bill 2022 where PBC failed sufficiently address potential HR implications of bill due to gov imposed time constraints
What did this show?
-gov decided scope of debate which often results in time constraints on the committee
-limiting its scrutinising powers
