12-marker practice

Examine how devolution in the UK is similar to federalism in the USA (12 marks)

 

Similarities

 

  • Power is shared between central and regional govts

  • Regional govts can have extensive law-making power, allowing them to take control of policy

    • Healthcare, administration, some taxation powers, education

      • Though US states have to raise own funds and have almost full fiscal control (Cali income tax 13% Wyoming 0%)

      • Federal/central govt still has superior economic power & can provide funding

  • Regional/local elections take place

    • Senedd/Stormont/Holyrood, local councils, Police and Crime Commissioners vs congressional elections, state Governors and legislatures

  • Regions have representatives in national/federal govt

  • Supremacy clause - central/federal govt laws can override regional conflicting laws, e.g. 2021 blocking of Scotland's gender recognition bill

 

Differences

 

  • Federalism - guaranteed by Constitution - federal govt cannot reduce the states' power w/out their support - shared sovereignty

    • Devolution - regions given authority by central government which can use legal powers to reduce/remove powers whenever - parliamentary sovereignty

  • Federalism - all regions given the same level of law-making power - e.g. can either all set income tax rates / none

    • Devolution - regions vary in power - i.e. Scotland has more than Wales - England has no devolution (although EVEL etc.)

 

What are the differences between the UK and US Constitutions? (12 marks)

 

  • Uncodified vs codified - multiple sources (e.g. statute etc. stands the same as any other law) vs one written document

    • Un- vs entrenched

  • Flexible and easy to amend vs requires a supermajority in Congress and state legislatures

    • But UK - is difficult to change convention as it isn't written down

  • Parliamentary sovereignty vs Congress kept in check

  • Independent and neutral judiciary (Constitutional Reform Act 2005) vs politicised and president-appointed judiciary interpreting the Constitution

  • Devolution vs federalism

  • Kept because of pragmatism vs Constitution is venerated

 

What are the similarities between the UK and US Constitutions? (12 marks)

 

  • Both ensure some degree of devolved power, though to a much larger extent in US federalism

  • Separation of power across the 3 branches

    • Ensured by checks and balances

  • Bicameral system - HoC/HoL vs Senate/HoR

  • Both emphasise the importance of the rule of law and a fair trial (Dicey vs 6th amendment)

  • Both aim to protect individual rights (HRA/EA/FOIA vs Bill of Rights)

  • Importance of democracy - set elections vs bipartisan cooperation

 

Examine how the protection of rights is more effective in the US Constitution than in the UK's (12 marks)

 

  • US = codified and entrenched, difficult to amend and so rights can't be easily eroded, whereas UK's Constitution (incl. HRA/EA) is uncodified and flexible, less safe thru parliamentary sovereignty

  • Extensive state powers in US means federal govt often can't control rights in individual states (e.g. Roe v Wade returned to states) vs UK - central govt has more power (e.g. Gender Recognition Act)

    • Some degree of fiscal power in states (California 13% income tax, Wyoming 0%) - more rights to them, whereas only Scotland has taxation powers (Barnett formula)

  • US less effective - gives powers to the judiciary of making interpretive amendments - often politicised since they're appointed by president; whereas elected officials decide the laws in the UK

  • US power of judicial review - individuals can take grievances to the court. UK - Human Rights Act means no longer have to go to ECHR in Strasbourg, so rights can be protected closer to home

    • But UK can't be stopped by the Supreme Court due to parliamentary sovereignty, can just change the law and skirt around it, e.g. making Rwanda be classified as a 'safe' country to send asylum seekers