Evaluating and comparing the constitution

Question 1

What are the similarities to consider about the constitution?

Answer 1

• Bicameral chambers
• Representative democracies with judiciary, executive and legislature
• Executive has significant powers over military and patronage
  -Both judiciaries can use judicial review: ruling ultra vires or unconstitutional

Question 2

What are some of the differences to consider between the US and UK constitution?

Answer 2

Codification
Entrenchment
Origin: evolution v revolution
What’s the highest source of law?
Devolution v federalism
Amendment process
Head of state - monarch v president
Fusion v separation of powers
Powers and election processes of legislative houses
Can judges overturn laws?
Level of checks and balances?
Power of the cabinet compared to the PM

Question 3

Similarities of federalism and devolution

Answer 3

• both recognise different regional identities
• both allow for policy divergence
• both are challenged by the federal government
• both have a degree of security - 10th amendment, Scottish Act 2016 and Wales Act 2017
• both rely on money from the central government

Question 4

Example of more personalised policies in the UK

Answer 4

Scotland has higher tax for the richest, higher public spending and free tuition fees

Question 5

Differences of federalism and devolution

Answer 5

• Federalism - states alongside, not below government v unitary state where Parliament is sovereign. This means devolved governments are more subservient and only protected by Sewel convention
• Includes all states v doesn’t include England
• Parliament could theoretically scrap devolved bodies
• States have a far greater range of powers e.g. death penalty and abortion
• Enhances separation of powers v gives a mechanism for more personalised policy
• each state has equal power v asymmetrical distribution of power

Question 6

Applying structural theory to the constitutions

Answer 6

• codified v uncodified varies the amendment process
• Supreme courts can strike down legislation v cannot strike down legislation
• Fusion of powers v separation of powers
  -Equal power of chambers differs to HOC and HOL
• Both houses elected v only one house elected

Question 7

Applying cultural theory to the constitutions

Answer 7

-US checks and balances attempt to limit power of government
-UK has power concentrated in the hands of the few and is the result of evolution - this explains outdated aspects like HOL and royal assent
-US citizens place cultural importance on constitution v UK want to leave constitutional changes to Parliament

Question 8

Applying rational theory to the constitutions

Answer 8

• states and devolved bodies compete with central government for rights
• in both individuals can challenge government actions in court to champion their own rights
• devolution and federalism gives more powers to individuals to receive personalised policies