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Comparing Constitutional Arrangements - Coggle Diagram
Comparing Constitutional Arrangements
Structural Theory
Focuses primarily on institutions and their structure, most logically applied to constitutions and legislatures.
Rational Theory
Actions and behaviours of groups and individuals, most logically applied to voting behaviour and methods adopted by pressure groups.
Cultural Theory
History, shared values and cultural context, most relevant in examining constitutions and their origins.
Comparing the Constitutions
Structurally
Similarities
Both fulfil same function of framework of democratic politics and accountable political institutions.
Defend individual rights
Adapted to the emergence of mass democracy without the need for political/ constitutional revolution as seen in France.
Differences:
Codification
Amendment process (rigid in US)
The US Constitution is sovereign
Lack of clarity in UK Constitution
Separation of Powers
Rationally
Similarities:
Elected legislature passes all national and federal law, so pressure groups concentrate much lobbying here.
Much decision-making occurs in devolved assemblies and federal government
Neither president nor PM can be imperial
Differences:
In the US, lobbyists will also target the Senate and House, both equally important (legislatively)
Devolution in th eUK, is less important than the wholly implemented federal structure of the USA .
Checks and balances are earthed into US poltiical system, formally absent from UK (only formal veto point, denial of royal assent, has not been used since 1707)
Culturally
Principles
US deliberately formulated with core principles and compromises needed to make it broadly acceptable embracing features like republicanism and representative government. (Product of revolution)
The British Constitution is the product of centuries evolution incorporating notions of government (1689) as well as democratisation and the extension of enfranchisement. Remains monarchical, opposed to US’ enumerated powers.
Heritage
UK remains a legacy for hereditary practice and deference (antiquity of Mgna Carta in the Constituion, heritage peers and bishops) does not affront to democracy
The US Constitution did not borrow from monarchical principles, but inspiration from aspects of Ancient Rome and Greece (classical republicanism)
Individual Rights
US is more explicit rights about protection, with Americans historically having a greater attachment to individual liberty.
Both initiated with the intention of not protecting every man or woman’s liberties.
Magna Carta (between King Johan no his barons)
Philadelphia Constitutional Convention (gathering of white, colonial, male elite ensuring the survival of a nation reflecting their poltiical views
The UK also has attachment through several documents highlighting the limiting ability of monarch to deny justice or subvert parliament (Bill of Rights 1689)
Comparing Federalism and UK Devolution
Federalism is an entrenched principle of the US Constitution (Tenth Amendment) therefore cannot be easily repealed.
UK Devolution was adopted by parliamentary statute , created and sustained only by parliamntary laws, so in theory could be reversed.
Delegation not alienation.
US states have greater law-making powers than devolved regions (death penalty)
There is growing legislative divergence in the UK, for example income tax and university tuition fees and choice of electoral system (which exists in US)
Major federal initiatives in healthcare and education have undoubtedly reduced the autonomy of individual states.
Devolution does not apply to the entire nation, with the bulk of the population living in England, which does not have its own parliament.
The US is uniformly governed by the federal system and all 50 states enjoy legislative equality
State law must comply with federal and constitutional law, so abortion laws and campaign finance is often challenged by the courts.
Structurally:
Tenth amendment embeds federalism into the US Constitution so every state retains considerable law-making powers.
Federalism applies uniformly across the nation.
Rationally:
State elections are significant affairs and firefly contested
US pressure groups focus much of their activity on state legislatures but also state supreme courts.
UK devolved regions contain significant nationalist parties such a s Sinn Fein and the SNP.
Culturally
States’ rights are deeply rooted in concept of US poltiical history, whereas UK regional assemblies are far more recent.
Comparing the Legislatures
Legislators resembling their voters
In both cases disparities including background and diversity, (improving but disproportionately low)
Disparity between parties is more extreme in Congress
2018 midterms, of the 101 women elected to the House, 88 were Democrat.
Legislators as political representatives
Use of majoritarian electoral system means the two largest parties are overrepresented.
Worse in US, where no third party is represented in Congress
Legislators as checks on the Executive
In the UK, PMs must be aware of backbenchers (May and Thatcher). Impossible in Congress due to a separate mandate and only impeachment can remove an unpopular or corrupt president.
Impeachment is difficult as it requires a 2/3 supermajority in the Senate due to strong partisanship in Congress.
Congressional scrutiny is powerful as Congress committees are able to launch inquiries and investigations into all areas of executive action, such as invasion of Iraq and Afghanistan by George W. Bush.
Parliament’s select committees can draw attention to governemnt failures such as the Windrush immigration scandal, lacking pwoers to enforce findings on government.
Structurally
In the US, more power lies with the 50 states, Westminster still dominates most areas of politics in the UK.
Fusion of powers in the UK, as the executive is part of the legislature.
Both chambers of Congress enjoy concurrent powers over legislation which both chambers must approve, both with powerful committees. Commons dominates UK since 1911.
Rationally:
Two parties dominate in both nations, but third parties more significant in Westminster
Party discipline is stronger in UK, presidents seek bipartisan support for tricky legislation.
Culturally
Congress as well as UK have longstanding traditions (Queen’s Speech/ State on Union Address) but is less dominated by ancient rituals.
In the UK, the debating floor of the Commons especially PMQs, is impossible in Congress due to the separation of personnel.