[AQA]
,Constitutions and Legislatures.
(1) Constitutional Arrangements.
SIMILARITIES DIFFERENCES
Embrace representative Government and Sources and structures
Democracy.
UK = uncodified (several sources);
UK = elected MPs in the House of Commons unentrenched; Monarchism.
US = elected senators and representatives US = codified; entrenched; Republicanism
Independent judiciary and some separation
Nature and authority
of powers.
UK = parliamentary sovereignty; fusion of
UK = supreme court created in 2009 by
powers (executive Gov sits in legislative
2005 Constitutional reform act is an
parliament); unentrenched rights
independent branch
US = constitutional sovereignty; separation
US = 3 branches, stated in articles 1,2 and 3
of powers; entrenched rights
in the original 1787 constitution
Checks and balances
UK = no formal checks and balances:
opposition parties in parliament may
scrutinise government; Supreme Court can
offer declarations of incompatibility with
HRA and rule against actions of the
government BUT governments with large
majorities can easily quash opposition, and
due to parliamentary sovereignty rulings by
the Supreme Court can be easily overruled
by parliament.
US = clear, entrenched checks and
balances, very difficult to overrule SCOTUS
as it would require a formal constitutional
amendment.
(2) Federalism v Devolution
, SIMILARITIES DIFFERENCES
Both enable local cultures to flourish
UK = Scotland typically has more left-wing
views. Devolution legislation i.e. 2012
Scotland Act, gave them certain tax-raising UK = asymmetric devolution, not all regions
powers, and as such they used this to raise have experienced devolution to the same
the additional income tax rate to 46p to the extent e.g. 1997 Scotland Act granted
£1, above the 45p to £1 in the rest of the Scotland significantly more devolved
UK. powers than the 1997 Wales Act granted
Wales; lack of any English devolution.
US = Southern states typically have more
conservative social views, 2022 Dobbs v US = All 50 states have the same rights and
Jackson (WHO) ruling extended federalism powers, federalism is symmetrical
by granting states the right to choose their
stance in abortion legislation, which has
allowed many southern states to reflect
their views by banning abortion.
systems moving closer together
UK = devolution legislation is not
entrenched and, as such can easily be
UK = Since 1997 devolution has been
repealed or reduced. Devolution is fairly
extended particularly in Scotland and
recent.
Wales e.g. 2012/16 Scotland Act; 2014/17
Wales Act.
US = entrenched in the constitution [article
4 and 6, article 1 section 8, 10th
US = arguably less federal given the growing
amendment]. The federal system was
role and presence of central government:
2001 patriot act, 2020 COVID stimulus. envisaged by the Founding Fathers in 1787.
(3) comparing legislatures [congress v parliament]