Topic 7 - THE BRITISH AND AMERICAN SYSTEMS OF GOVERNMENT

British System - Sources of Authority:

- Parliamentary Authority: Central legislative body with the power to make laws.

- Cabinet Authority: Executive authority vested in the cabinet, accountable to Parliament.

- Judiciary Authority: Independent judiciary interpreting laws and ensuring their application.

Separation of Powers in the British System:

- Division of powers among Parliament (legislative), Cabinet (executive), and Judiciary (judicial) branches.

American System - Sources of Authority:

- Presidential Authority: Executive power vested in the President.

- Congressional Authority: Legislative power held by Congress, consisting of the Senate and the House of Representatives.

- Judiciary Authority: Independent judiciary interpreting laws and ensuring their application, including the Supreme Court.

Separation of Powers in the American System:

- Division of powers among the President (executive), Congress (legislative), and Judiciary (judicial) branches.

British Sources of Authority:

1. Unwritten Constitution: The British government functions without a formal, written constitution.

2. Four Sources of Authority:

- Constitutional Conventions: Unwritten rules shaping governance practices.

- Acts of Parliament: Laws passed by Parliament, considered a primary legal source.

- Opinions of Judges: Judicial interpretations and decisions contribute to legal understanding.

- Opinions of Constitutional Scholars: Expert analyses influencing legal and constitutional discourse.

3. Supremacy of Parliament: All laws passed by Parliament hold the highest authority within the legal system.

4. Role of Constitutional Conventions: Integral to the functioning of the government, forming the core of governance practices despite being unwritten.

The Supremacy of the Parliament

1. The supremacy of Parliament in the British Constitution grants unparalleled legislative authority.

2. A.V. Dicey emphasized Parliament's absolute power in lawmaking, asserting no entity could override its legislation.

3. Membership in the EU and the Human Rights Act 1998 posed challenges to Parliamentary Supremacy.

4. These factors somewhat diminished Parliament's absolute authority.

5. The Brexit vote in 2016 signaled a potential reversion to Parliamentary Supremacy post UK's EU withdrawal.

THE MONARCHY

Certainly, here it is in bullet points:

- The Monarch ascends through a line of succession and holds the position of Head of the Church of England.

- The Succession to the Crown Act 2013 replaced male-preference primogeniture with absolute primogeniture for succession after October 28, 2011.

- It removed the disqualification for marrying a Roman Catholic.

- Individuals beyond the first six in line to the Throne can now marry without the Monarch's permission.

- The Act enacted the terms of the Perth Agreement 2011, ratified among 16 Commonwealth countries, including nine from the Commonwealth Caribbean, acknowledging Queen Elizabeth II as their Monarch.

UK Parliament:

- The House of Commons comprises 650 Members of Parliament elected through the first past-the-post system.

- The Prime Minister is the leader of the majority party or an MP commanding majority support.

- Ministers are appointed by the Queen on the Prime Minister's advice, coming from either the Commons or the Lords.

- The Fixed-term Parliaments Act 2011 mandates a 5-year term for every Parliament, allowing early dissolution if two-thirds of Commons members support it or in case of a successful no-confidence motion.

- General elections occur every five years on the first Thursday in May unless Parliament approves an earlier date or a successful no-confidence motion triggers an early election.

- The House of Lords includes hereditary, life, and spiritual peers.

- According to the Parliament Act 1949, the Lords can delay Commons-passed legislation for only one year if they disagree.

The Cabinet and Ministers' roles in the UK system:

- The Prime Minister advises on Cabinet formation.

- Ministers are promptly appointed by the Monarch, based on the Prime Minister's advice, from members of the Commons or Lords, and can be dismissed at any time.

- The Cabinet operates under the doctrine of collective responsibility to Parliament, guided by rules of confidence, confidentiality, and unanimity.

- Ministers adhere to the doctrine of individual responsibility to Parliament, following rules of advice, culpability, and propriety in their conduct and decisions.

UK Judiciary System:

- The UK Supreme Court became the final court of appeal in 2009, replacing the House of Lords.

- The role of the Lord Chancellor changed; the Secretary of State for Justice became responsible for the Judiciary, and the Lord Chief Justice became the head of the Judiciary.

- The Law Lords transitioned to the UK Supreme Court, no longer sitting in the House of Lords.

- Judges for the Supreme Court are appointed by the Queen upon advice from the Prime Minister, following a recommendation from the Lord Chancellor, who convenes a selection commission. Judges retire at the age of 70.

Foundations of the American system:

- The US Constitution, approved in 1787 by delegates in Philadelphia, stands as the supreme law of the USA.

- The Bill of Rights, ratified in 1791, encompasses the first Ten Amendments to the Constitution.

- Amending the Constitution requires a two-thirds majority in both Houses of Congress and approval by three-fourths of all states.

- Since ratification, there have been 27 amendments to the US Constitution.

- The US Supreme Court holds the sole authority to interpret the Constitution's meaning and implications.

Presidency in the United States:

- Presidential and Vice Presidential candidates run together, elected on the first Tuesday after the First Monday in November in a leap year.

- Party nominees are chosen through state primaries/caucuses, and the candidate with the majority of delegates becomes the nominee.

- Nominees pick a Vice Presidential running mate, approved by the party convention.

- Electoral College votes determine the election winners, not necessarily reflecting the popular vote.

- Inauguration Day, on January 20 following the election, marks the President and Vice President's swearing-in.

- The 22nd Amendment limits Presidents to two four-year terms.

- The President's Cabinet advises and consists of the Vice President and heads of 15 executive departments.

Explaining the Electoral College:

- Most states use a winner-take-all system, except Nebraska and Maine, which allocate votes based on both statewide and congressional district results.

- States' electoral votes are determined by their congressional delegation size (senators plus House seats), with Washington, D.C. holding 3 votes.

- Electors meet in their state capitals on the first Monday after the second Wednesday in December to cast their votes.

- The President of the Senate counts these votes on January 6, finalizing the presidential election outcome.

Congress:

- The House of Representatives, consisting of 435 members, is elected every two years on Election Day in November.

- Senators, totaling 100, are not all elected simultaneously; one-third is elected every two years for six-year terms.

- Both Senators and Representatives run for election after gaining their party's nomination in primary elections before the general election.

- Members of Congress must resign from their seats if appointed to the President's Cabinet.

- Cabinet members need Senate ratification after presidential nomination, although not all nominees receive approval.

- Congressional committees oversee the Executive branch through hearings.

- Presidential vetoes on laws can be overridden by a two-thirds majority vote in both Houses of Congress.

US Judiciary:

- The Supreme Court consists of nine justices.

- Justices are nominated by the President and confirmed by the Senate.

- Justices serve for life with no mandatory retirement age.

- Their appointments are politically significant and subject to Senate approval.

- Nominations often spark major political events, aiming to influence the Court's long-term direction.

- Some nominations have stirred significant political controversies, like Robert Bork in 1987 and Clarence Thomas in 1991.

- Notable Chief Justice nominations include William Rehnquist in 1986 and John Roberts in 2005, both confirmed by the Senate.

Concise Comparison between the UK and USA governmental systems:

UK:

- Ministers are drawn from Parliament.

- Ministerial appointments require royal appointment after prime ministerial advice.

- No term limits for the Prime Minister.

- Parliament has a fixed term of 5 years.

- Members of the House of Commons can shorten Parliament's life via resolutions or no confidence motions.

- Monarch's veto on legislation passed by Parliament is a convention.

USA:

- Cabinet Secretaries cannot be from Congress.

- Cabinet Secretaries need Presidential nomination and Senate ratification.

- Term limits exist for the President.

- Senators serve 6-year terms, elected in rotation every 2 years; House members are elected every 2 years.

- Congress has a fixed term.

- The President can veto legislation, overridden by a two-thirds vote in Congress.

- Supreme Court justices are nominated by the President, ratified by the Senate, and retire at their discretion.