Scrutiny Powers Flashcards

1
Q

What are three ways Congress and parl scrutinise?

A

-both have bicameral legislatures
-through committees
-weaknesses of gov - minority UK + divided gov US

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2
Q

What are scrutiny powers?

A

-important function to oversee + check works of both executives
-scrutiny important in ensuring ‘respective and representative gov

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3
Q

How does the US have a bicameral legislature? - 1

A

-US Congress 2 chambers - house + senate
-senate is the most signif in terms of securitising

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4
Q

What makes the house a scrutinising body?

A

-larger membership than senate + shorter terms enables more investigative + active oversight

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5
Q

What is the main scrutinising power the house holds?

A

-power of impeachment
-while senate holds power to remove from office, the house initiates this removal

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6
Q

What is an example of the house using its impeachment power?

A

-impeached Clinton 1998 over Monica Lewinsky scandal
-Trump 2019 + 2021 over abuse of power + obstruction of congress

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7
Q

What are the scrutinising powers of the senate?

A

-most important due to ‘advice + consent’ roles

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8
Q

What are advice + consent roles?

A

-confirmation powers
-confirming presidential nominations incl. federal judges, cab members + other high profile positions

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9
Q

What does this entail?

A

-scrutinises those nominated by pres
-senate judiciary committee holds detailed hearings to evaluate nominees - rejects or approves with decision impacting executive power

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10
Q

What is an example of this?

A

-Trump judicial nominee Kavanaugh 2018
-Dr Ford came forward with high school sexual assault case

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11
Q

What was the result of this?

A

-SJC faced intense scrutiny + decided in 11-10 vote in favour of Kavanaugh
-all repubs voted yes

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12
Q

Why was this controversial?

A

-divided public + lawmakers as viewed as politically charged response from Repub controlled senate

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13
Q

How is the UK bicameral?

A

-Parliament split with commons + lords
-commons most effective scrutinisers

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14
Q

How is the House of Lords a scrutinising body?

A

-called the revising chamber
-scrutinise + amend legislation passed by HoC

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15
Q

What is the composition of the lords?

A

-experts in fields incl. law, business, medicine etc.
-this allows depth in scrutiny of bills from all areas providing differing perspectives

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16
Q

What is an example of the HoL being effective scrutinisers?

A

-2018 scrutinised European Union (withdrawal) act proposing amendments related to Brexit

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17
Q

What did these amendments entail?

A

-ensuring greater parl control over process of leaving EU
-checks + balances on gov policy

18
Q

How else is the HoL effective at scrutinising?

A

-scrutinises secondary legislations (delegated) made by ministers under powers granted by act of parl

19
Q

What is an example of scrutinising de,elated legislation?

A

-coronavirus act 2020 examined delegated powers to ministers to manage pandemic
-raised concerns about their impact on civil liberties

20
Q

What is the role of the commons in scrutinising?

A

-provide democratic legitimacy
-constitution supremacy
-direct role holding gov account makes it more important

21
Q

How does providing democratic legitimacy help with scrutiny powers?

A

-made up of MPs directly elected by public
-legit to scruntise gov on behalf of people -whereas HoL unelected limiting their authority

22
Q

How is the commons the ultimate power for holding gov to account?

A

-gov formed from commons as stated in constitution
-gov must retain confidence to remain in power

23
Q

What happens if confidence is lost?

A

-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

24
Q

How does the commons have control over legislation?

A

-passed hunting act 2004 despite HoL rejecting it x commons supremacy
-commons legislative scrutiny more decisive + impactful

25
Q

How is the US Congress effective at scrutinising through its committees? - 2

A

-overweight - key function
-encompasses legislation process + scrutiny of exec branch

26
Q

How does oversight investigate the executive?

A
  • through standing + select committees
    -investigate actions of exec through hearings + compel witnesses provide info for investigations
27
Q

How are standing committees effective scrutinisers?

A

-allow Congress manage wide range of issues to legislation on + investigate

28
Q

How are standing committees effective scrutinisers in terms of their membership?

A

-long term members are experts in policy area
-carry out more effective oversight than house + senate

29
Q

What is an example of this?

A

-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

30
Q

What was the impact of this?

A

-enhanced ability question + scrutinise due to long term developed knowledge

31
Q

What UK committees are effective at scrutinising?

A

-public bull committees (standing) - equivalent to US but less effective
-select committees - most effective

32
Q

What do public hill committees do to scrutinise?

A

-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.

33
Q

What is the impact of the lifetime of a PBC?

A

-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

34
Q

How does the PBC make effective scrutiny despite flaws?

A

-effective changes to gov bills
-e.g. committee stage of Investigative Powers act 2016 for electronic surveillance by security services

35
Q

What did the PBC do regarding this act?

A

-added additional safeguards to protect journalists

36
Q

How do UK select committees effectively scrutinise?

A

-check gov + public bodies doing their job properly + spending tax payers money efficiently
-they launch investigations, call on witnesses + publish reports

37
Q

What is an example of this?

A

-2020 treasury select committees urged gov reconsider extending COVID furlough schemes
-a policy advocated by labor

38
Q

How does the PBC’s being dominated by the executive weaken its scrutinising powers?

A

-reflects composition of Hoc - gov party holds majority in PBC’s exerting control over committee decisions

39
Q

What is an example of this?

A

-nationality + borders bill 2022 where PBC failed sufficiently address potential HR implications of bill due to gov imposed time constraints

40
Q

What did this show?

A

-gov decided scope of debate which often results in time constraints on the committee
-limiting its scrutinising powers