Comparing the Legislative Branches in the UK and US

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Presentation transcript:

Comparing the Legislative Branches in the UK and US The following slides highlight the key differences between the legislative functions in the UK and USA These can be used to plan essays about the legislative branches

The legislative function in the US Congress and UK Parliament No government programme of legislation exists The level of party discipline is low – Republicans turning on each other during Trump era Thousands of bills are introduced in any one session Few of these bills are passed into law The committee stage comes before the second reading A government programme of legislation exists – announced every year in the Queen’s Speech (Official Opening of Parliament) The level of party discipline is high – whip system! A limited number of bills are introduced in any session Most of these bills are passed into law (as they originate from the government) The committee stage comes after the second reading

The legislative function in the US Congress and UK Parliament Standing committees are permanent and policy specialist Bills are usually considered by both houses concurrently The two chambers have equal power The president has the significant power of veto over laws Standing committees are non permanent and non-specialist Bills are considered by both houses consecutively The lower chamber (HoC) dominates Royal assent is a formality and is not withheld – The Queen will not refuse to sign bills.

Programmes of government legislation Few opportunities for individual MP’s to introduce their own bills Government control of legislative agenda (government majority likely) All legislation introduced by individual members of Congress

Party discipline Votes are much more coalition building within congress- getting enough Democrats and Republicans to support things Esp important in senate when threat of filibuster/tied vote Most votes are party line…Government v Opposition Very rare for MP’s to oppose their own parties (power of whips)

Number of bills No control of legislative agenda Importance on committees deciding what to prioritise or pigeon hole – if a committee side-lines a bill it is basically dead. Importance of rules committee deciding what to timetable to present to the chamber Legislative agenda controlled by government due to their control of parliament

The legislative process Standing committees chairpersons can block bills they don’t like Standing committees have full power of amendment President can block any legislation by vetoing it –Clinton vetoed 36 laws But congress can override with 2/3 majority (although this is an uncommon occurance) Limited role for standing committees - controlled by whips Government effectively controls amendments by using its majority to vote down amendments it does not like Monarch does not block legislations (last time was in 1707!)

Conclusions - legislative power Legislation is passed by Congress Legislation is the administration’s (executive’s) wish list State of the union…every January President asks congress to implement particular laws. Congress legislates Legislation passes through parliament Legislation is the government’s shopping list Queens speech…my government will… Parliament legitimises legislation

Scrutiny - holding the executive to account Impeachment Standing committees Select committees Confirmation of appointments (Senate) Ratification of treaties (Senate) Intense media scrutiny Vote of no confidence in the government. Question time (and written questions) Debates Select committees

Scrutiny of appointments Parliament has no control over the Prime Minister’s “power of patronage” – choosing of the cabinet Parliament has no power once treaties are signed by government Senate has power to confirm (or reject) all presidential senior appointments – Obama’s 2nd pick for Supreme Court was never confirmed Senate has to ratify all treaties signed by the president

Scrutiny of workings of government Congress has real power to examine and force officials to appear before it or provide information Various opportunities for MPs to question government ministers but none are particularly effective (FMQs is a political show, no real outcome)

Scrutiny - work of committees Standing committees only deal with legislation and don’t have much influence over this Select committees scrutinise government Hold hearings but cannot force government to release information or get ministers to appear Standing committees both legislate and scrutinise Well staffed, well funded, powerful Hold hearings, carry out investigations, force witnesses to attend or documents to be handed over

Analyse the effectiveness of political assemblies’ abilities to scrutinise the government in two political systems you have studied. (12) Overall Plan: Short Intro (see handout) 3 paragraphs comparing elements of scrutiny in UK/USA One/Two sentence conclusion summarising what you have said. Paragraph Plan: Topic sentence K – description + example on UK K – description + example on USA Analysis, showing comparison, relate to the essay question.

One way in which the House of Commons can scrutinise the work of the UK Government is through questioning of Government ministers however, as the executive and legislative branches are separated in the USA, scrutiny is carried out via the media. (topic sentence) Every week, MPs are given the opportunity to directly question both the Prime Minister and other members of government on their decisions, the most obvious example being Prime Question Time. Every Wednesday the PM must answer questions from backbench MPs on his/her government’s actions, allowing the legislative branch to scrutinise the work of the executive in a public manner. For example …(PMQs) (K – description + example on UK) However, in the USA, the legislative and executive branches are completely separate therefore, much of the scrutiny of the government will come from the media. In particular, congressional hearings are openly public and often come under heavy scrutiny from the various media outlets in America. C-Span is a network dedicated to showing congressional hearings and meetings and this ensures that scrutiny can occur on a daily basis. For example, (see USA scrutiny PP) (K – description + example on USA) Therefore, in the UK question time does produce the opportunity for the legislative to scrutinise the government in a very public way, however, the US Congress can use publicity of high profile hearings as means of publicly scrutinising the government, due to a lack of equivalent of UK question time. As such, it can be said that scrutiny in the UK is more effective than in the USA, in this manner, as the legislative can directly critique the government and its decisions. (Analysis, showing comparison)