Structural Theory: To Explain Legislative/executive Relations In The UK + US Flashcards

1
Q

What are three ways structural theory can be used to study executive/legislative relations in the UK + US?

A

-structures as tools for political analysis like legislatures Congress/Parliament
-relevant features of of the environment in which structures exist such as legal framework
-structures of legislatures - fusions v separation of powers

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2
Q

How is structural theory used to explain executive-legislative relations?

A

-focus on institutional frameworks etc.
-David Eaton analyses interactions between the branches of gov - applies structural theory to explore how formal structure of gov in UK + US shape dynamics between exec + legislative

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3
Q

How is the Congress a structural tool for political analysis of the legislature in the US?

A

-bicameral structure - HoR + senate
-HoR = designed represent population with members directly elected by public + more responsible to shifts in public opinion
-Senate = represents states equity with each state having 2 senators providing a stable body of gov

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4
Q

What is the structural analysis of the Congress?

A

-bicameral structure creates checks + balances within legislature itself
-e.g. legislation must be approved by both houses before becomes law

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5
Q

What is an example of these checks and balances?

A

-filibuster in senate allowing minority of senators delay or block legislation by extending the debate checking on the majority party
-e.g. 2021 Rand Paul filibuster debate confirmation of Rachel Levine as assistant sec for health raising concerns about her views on transgender medical treatments for minors

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6
Q

How is parliament a structural tool for the political analysis of legislative relations in the UK?

A

-shaping how power is distributed between exec + legislature
-bicameral structure = HoC + HoL

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7
Q

What are the different roles in the legislative process in the HoC + HoL?

A

-HoC = elected chamber representing constituencies across UK - holds most power + primary body responsible for passing laws
-HoL = unelected consisting of appointed life peers, bishops + hereditary peers - reviews + suggests amendments but cannot block legislation that HoC supports

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8
Q

What is the structural analysis of this bicameral structure?

A

-creates balance of power between two houses
-HoC has final say on laws but HoL acts as revising chamber that can debate or suggests changes to bills - ensures bills undergo detailed scrutiny before becoming law
-asymmetrical bicameralism - HoC has more power than Lords

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9
Q

What is an example of the HoL providing checks in laws?

A

-EU withdrawal agreement 2019 delayed by HoL
-extended debates + revised key parts that were fast racked through commons

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10
Q

What is the legal framework that explains the relationship between the executive and the legislature in the UK?

A

-parl sovereignty - parl supreme legal authority
-shapes relationship between executive + legislature -while executive propose legislation cannot override parl authority

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11
Q

What is an example of this?

A

-exec controls agenda + introduces most bills - parl retains power amend, approve or reject them
-2019 Brexit votes + parl role controlling exec - despite exec desire complete Brexit process parl asserted sovereign power by rejecting ov proposed desk multiple times

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12
Q

How does the legal framework of the US explain the relationship between the legislative and the executive?

A

-through checks + balances
-both exec + legislative have specific powers checking on the other
-e.g. veto power

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13
Q

What is an example of this veto power?

A

-pres power veto bills passed by Congress but Congress can override this veto with 2/3 majority in both chambers - tension between two branches
-farm bill 2008 incl provision of agri subsidies, food assistance programs + renewable energy but W.Bush vetoed the bills increase in spending for nutrition program

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14
Q

How did the Congress respond to this veto?

A

-HoR voted 316-108 favour overriding surpassing the 2/3 majority rule
-2008 farm bill became law despite Bush veto demonstrating Congress ability assert legislative will over executive objections

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15
Q

How does structural theory explain the relationship between the legislative and the executive regarding the fusion of power in the UK?

A

-interconnection between executive + legislature
-ensures legislative-executive cooperation in policy making as exec relies on legislature to pass laws + approve budgets

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16
Q

What is an example of this legislature-executive cooperation in the Uk?

A

-2010 NHS reform + modernisation - privatisation of certain NHS services
-exec prosed these as means to improve efficient, reduce waste + empower local clinicians decision making but reforms controversial

17
Q

What did this show?

A

-as unpopular showed the need for parl + exec work together in scrutinising the bill to input key changes resonating with the electorate

18
Q

How does structural theory explain the relationship between the legislative and the executive regarding the separation of powers in the US?

A

-tripartite system with 3 separate branches
-legislature makes laws, controls federal spending, declare war + ratify treaties
-executive - enforcing laws passed by congress

19
Q

What is an example of the separation of powers in practice?

A

-affordable care act 2010
-Congress passed act aiming expand healthcare coverage + reduce healthcare costs
-Obama signed it into law using executive power to enact legislation but the pres role also oversee implementation through executive agencies like dep of health + human services