separation of powers Flashcards
Point 1 (US): What is the structural separation of powers in the US?
The US Constitution enforces a strict separation of powers, dividing government responsibilities among the legislative, executive, and judicial branches.
Point 1 (US): What prevents excessive control by any one branch in the US?
The President cannot simultaneously be a member of Congress, and federal judges are appointed independently and serve life terms.
Point 1(US): What is the purpose of the structural division of powers in the US?
It is designed to avoid the concentration of power and maintain a balance among the branches.
Evidence 1 (US): What does the Appointments Clause in Article II of the US Constitution ensure?
It ensures that federal judges are nominated by the President and confirmed by the Senate, reinforcing the independence of the judiciary.
Evidence 1 (US): How does the US Constitution prevent overlap between the executive and legislative branches?
The President’s inability to be a member of Congress (Article I, Section 6) prevents any overlap.
Point 1 (UK): How does the UK system differ from the US regarding separation of powers?
The UK operates under a system of fusion, where the executive and legislative branches are intertwined.
What roles do the Prime Minister and Cabinet members have in the UK?
They are drawn from Parliament, creating overlapping roles that blur the lines between the branches.
What is a potential downside of the UK’s fusion of powers?
It can lead to executive dominance over the legislative branch.
What evidence illustrates the fusion of powers in the UK?
The current PM is MP for Holborn and St Pancras, and Blair had a majority of 418 in 1997, facing no defeats until 2005.
How do the US and UK systems compare in terms of separation of powers?
The US maintains a strict separation of powers, while the UK’s fusion allows for cooperation but can weaken the traditional separation.
What is the purpose of the system of checks and balances in the US Constitution?
To ensure that each branch of government can limit the powers of the others.
This system prevents any one branch from gaining unchecked power and helps maintain a balance in governance.
What power does the President have regarding legislation?
The power to veto legislation.
This allows the President to reject bills passed by Congress.
How can Congress override a presidential veto?
By achieving a two-thirds majority.
An example is the Justice Against Sponsors of Terrorism Act (2016).
What significant event demonstrated Congress’s ability to check the executive branch in the US?
The impeachment of President Donald Trump in 2019 and 2021.
The House of Representatives impeached Trump on charges of abuse of power.
How does the UK differ from the US in terms of checks and balances?
The UK lacks a formal system of checks and balances.
The executive, especially the Prime Minister, often controls the legislative agenda.
What does the Coronavirus Act 2020 illustrate about the UK executive’s power?
It allowed the government to pass emergency measures swiftly with limited scrutiny from Parliament.
This shows how the executive can bypass legislative oversight when it has a strong majority.
What is the link between checks and balances and the separation of powers in the US?
Checks and balances are fundamental to the separation of powers, ensuring accountability among branches.
This prevents any branch from operating without oversight.
True or False: The UK Parliament can fully prevent the executive from dominating the legislative process.
False.
There are no formal mechanisms in place to prevent executive dominance in the UK.
Fill in the blank: In the US, Congress can ______ the President.
impeach
This is a key mechanism for holding the executive accountable.
What is one method by which Parliament can scrutinize the UK government?
Through debates, questions, and committees.
However, this scrutiny is limited compared to the checks available in the US.
What happens when the executive has a strong majority in Parliament in the UK?
It can limit the effectiveness of parliamentary scrutiny and oversight.
This results in a more centralized concentration of power.
What is judicial review in the US?
The US judiciary holds the power of judicial review, allowing courts to strike down laws and executive actions that violate the Constitution. This serves as a critical check on both the legislative and executive branches.
What is an example of judicial review in the US?
The case of Dobbs v. Jackson Women’s Health Organization (2022) is a recent example where the US Supreme Court overturned Roe v. Wade, demonstrating the judiciary’s role in shaping national policy by interpreting the Constitution.
What is judicial review in the UK?
In the UK, the judiciary can review the legality of executive actions but cannot overturn primary legislation due to the principle of parliamentary sovereignty.
What is an example of judicial review in the UK?
In R (Miller) v. Prime Minister (2019), the UK Supreme Court ruled that the prorogation of Parliament was unlawful, demonstrating judicial oversight of the executive.
How does judicial review relate to the separation of powers in the US?
The power of judicial review in the US maintains the separation of powers by allowing the judiciary to independently check the actions of the legislative and executive branches.
How does judicial review relate to the separation of powers in the UK?
The UK judiciary’s limited power, constrained by parliamentary sovereignty, highlights the fusion of powers in the UK system, where Parliament’s supremacy reduces the judiciary’s role in checking legislative power.
