Scrutiny Powers

Question 1

What are three ways Congress and parl scrutinise?

Answer 1

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

Question 2

What are scrutiny powers?

Answer 2

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

Question 3

How does the US have a bicameral legislature? - 1

Answer 3

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

Question 4

What makes the house a scrutinising body?

Answer 4

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

Question 5

What is the main scrutinising power the house holds?

Answer 5

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

Question 6

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

Answer 6

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

Question 7

What are the scrutinising powers of the senate?

Answer 7

-most important due to ‘advice + consent’ roles

Question 8

What are advice + consent roles?

Answer 8

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

Question 9

What does this entail?

Answer 9

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

Question 10

What is an example of this?

Answer 10

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

Question 11

What was the result of this?

Answer 11

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

Question 12

Why was this controversial?

Answer 12

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

Question 13

How is the UK bicameral?

Answer 13

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

Question 14

How is the House of Lords a scrutinising body?

Answer 14

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

Question 15

What is the composition of the lords?

Answer 15

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

Question 16

What is an example of the HoL being effective scrutinisers?

Answer 16

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

Question 17

What did these amendments entail?

Answer 17

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

Question 18

How else is the HoL effective at scrutinising?

Answer 18

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

Question 19

What is an example of scrutinising de,elated legislation?

Answer 19

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

Question 20

What is the role of the commons in scrutinising?

Answer 20

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

Question 21

How does providing democratic legitimacy help with scrutiny powers?

Answer 21

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

Question 22

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

Answer 22

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

Question 23

What happens if confidence is lost?

Answer 23

-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

Question 24

How does the commons have control over legislation?

Answer 24

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

Question 25

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

Answer 25

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

Question 26

How does oversight investigate the executive?

Answer 26

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

Question 27

How are standing committees effective scrutinisers?

Answer 27

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

Question 28

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

Answer 28

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

Question 29

What is an example of this?

Answer 29

-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

Question 30

What was the impact of this?

Answer 30

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

Question 31

What UK committees are effective at scrutinising?

Answer 31

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

Question 32

What do public hill committees do to scrutinise?

Answer 32

-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.

Question 33

What is the impact of the lifetime of a PBC?

Answer 33

-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

Question 34

How does the PBC make effective scrutiny despite flaws?

Answer 34

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

Question 35

What did the PBC do regarding this act?

Answer 35

-added additional safeguards to protect journalists

Question 36

How do UK select committees effectively scrutinise?

Answer 36

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

Question 37

What is an example of this?

Answer 37

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

Question 38

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

Answer 38

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

Question 39

What is an example of this?

Answer 39

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

Question 40

What did this show?

Answer 40

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