Zusammenfassung der Ressource
Practice of Liberal Democracies
- Constitutions
- sets out the formal
structure of the
state, specifying
powers and
institutions of
central govt. Rights
of citizens and
limits & duties of
govt.
- upholds supremacy
of regular law as
opposed to the
influence of arbitrary
power
- articles of confederation (1776)
- US constitution:
Federal, separation of
powers: Congress
legislates, Presidency
executes, SC
adjudicates. Checks
and balances
- 1791 Bill of Rights
- only 29
amendments in it's
life time
- union of
states -
individual
degrees of
autonomy
- UK Constitution: uncodified, based
on statutes (acts of P), case law
(judicial precedent), common law,
customs & practice (conventions), EU
- amendments include:
devolution 1997, HoL reform,
HRA 1998, Local govt. mayors
B.J. Supreme Court & fixed term
parliament
- lack of c&b? too flexible?
- fusion of
powers
rather than
sep - exec
sits in
legislature
- Legislatures
- propose and pass
laws, represent the
people, hold exec to
account, purse
strings
- fusion of legislature and exec in UK ensure
that legislature is dominate by exec
- PMQ no longer as important?
- HoC has
methods
such as
select
committees
- or is the HoC just a rubber stamp for PM?
what about EU sovereign
- 2010 composition of UK
HoC:22% women, 4% ethnic
minorities, 25% oxbridge
educated, 90% university
educated
- US Congress:
HoR (435) &
Senate (100).
HoR re-elected
every 2 yrs,
Senate 6 years,
dependent on
local factors,
looser party
discipline
- parties are
shells for
elections
- effectiveness? Parliament better at passing laws
than Congress. Are they representative? P
doesn't hold PM to account, Cong holds press
only domestic
- Executives
- most important branch in most LD
- they administer the laws
- 15 departments headed by cabinet members in UK, EXOP
(1,800) in USA (too big/powerful?!)
- US President:
- up until 1933 (FDR) presidents were more passive
- Roosevelt held active presidency - engine of
govt., circumvented constitution
- provision from constitution in terms of
President in foreign policy is vague, which
gives him a lot of leigh way
- presents legislative programme to Congress (S.O.U.A)
- appoints key officials; e.g. Condelezza Rice
- Can issue pardons (Clinton)
- Growth in power -
Commander in Chief, unique
legitimacy, growth of White
House staff, increased public
expectations, media
- Pres controlled by: Constitution which is overseen by S.C. Congress War Powers Act
(1973) attempt to contain pres sending troops abroad
- lack of party discipline?
- Neustadt: Power to Persuade?
- UK Exec - PM and Cab
- Cabinet part of Legislature - you
have to serve in HoC/HoL
(opposite of US)
- presidential in style?
- importance of Cabinet?
- PM first among equals? primus inter pares
- PMQ = SOUA?
- absentee leader? barely in the commons
- Judiciary
- impartial arbitrary body to implement laws
- independent?
- In US S.C is made of 9
justices, nominated by the
President. Senate
confirms/vetoes
appointments.. SEP of
Powers?!
- most
conservative
judges
appointed by
most
conservative
presidents
- biased toward men. No protestants.
- power of Judicial
review: Marbury
vs. Madison
(1803). Declares
unconstitutionality
Brown vs. Board
of Education of
Topeka (1954)
- Roe Vs. Wade withheld abortion rights in individual states (1973)
- Cases must be brought to S.C, they can't initiate.
- Unelected, unremovable, unrepresentative, unpopular
- cam't be affected by sudden whims of public, can make
unpopular decisions without fear of losing their job
- prevent majority tyranny - Miranda vs. Arizona (1966)
- UK supreme
Court
established in
2009 and
replaced the
judicial functions
of the HoL (12 law lords)
- no power to strike down laws
on constitutional grounds as we
don't have one
- judges appointed for life by JAC
- HRA 1998 - nothing to do with EU,
GB pressed for convention and
drew up most of the laws within it.
- step towards this^
- but parliament could repeal HRA
- ELECTIONS
- representative democracy - compromise between direct d and dictatorship
- people's will through representatives
- is representative
democracy with
elections the
most effective
way?
- Plato: wrong to consult the people, it's the job of the wise
- disinterested/uneducated/demogog-
play on emotions/knee jerk reactions
- do affective checks and
balances allow a representative
democracy to work?
- internet - a chance for direct d?
- free and fair elections,
free press, impartial
county, secret ballot(JS
Mill against this -
declaring your choice is
taking responsibility)
- voting in US -
addiction - more
than 500,000
elected officials
- voting in UK - only
assosiated with certain
things- e.g. turn out for
police commissioner =
15% turnout..
- Electoral systems define
representative democracies:
- FPTP (2001 Labour won 166
majority but only got 41% of
votes. Wasted votes in
constituencies w/ high
majorities (majority votes
wasted)
- Proportional Representation: (preferences then
taken if 1st choice knocked out. much closer
to real will? better for minorities, creates
coalitions
- turn out in US
elections is
worrying - even in a
good year like
2004, 60% is the
best to hope for
- registering for voting
difficult and must
re-apply each year
- turnout in GB elections: 1950 = 82%, in 2010 =
62%.. losing faith?
- PARTIES
- inseparable from liberal democracies
- represent different interests, evolve policies, public participation,
holds govt. to account, provides education
- responsible party govt: competition (without competition
= complacency)
- electorate prefer A, electorate vote A, A becomes
govt., A implements policy which B scrutinies, A
comes back to public for judgement
- = choice and accountability
- party govt. in the UK: complicated, definately
competitive, don't provide alternative policies?
- before 1990 voting based on socioeconomic
factors - poor = labour, rich = tory
- accountable to the public between fixed term
parliaments?
- US parties
- non-ideological,
both supporters of
same free market
system just
dispute degree, not policy
- organisationally weak/decentralised due to federal nature
- lack of party discipline
- evolve politics, pluralism
- GROUPS
- cause/promotional -
moral causes, don't want
something materialistic
out of membership
- sectional groups -
trying to promote
their material interest
- increased
membership
in recent years
- if govt doing well, less
pressure group
membership
- insider vs.
outsider -
insider groups
consulted by
govt., don't
campaign on
the street
- fundamentally
different from
parties in that
they're not running
for office
- importance of US pressure groups:
- cater for a very diverse society
- provide multiple access points - legs., exec,
judiciary & at state level
- weak parties don't vote along party lines
- americans are 'joiners'
- government activity since new deal -
interventionism means that it govt. policy
affects everyone
- contribute to campaign trails NRA 4.3
million members - want to appeal to
- influence due to: money,
expertise, numbers, cultural
values
- GB groups less influential - strong parties,
campaign finance less important (spending
capped), fewer access points
- pluralism
- corporatism: cosy
relationships between
govts & TUs for example
- iron triangles
- groups are beneficial:
- minorities heard, but what about maj.?
- unrepresentative of electorate - innappropriate influence
- inequality between groups i.e. finance
- outsiders excluded
- if all PGs were appeased there would
be political paralysis
- groups aren't beneficial
- freedom of association - attempt to
influence is a common right of man
- channel of participation
- reflect passions of people
- consultation makes policy more effective/legitimate
- THE EU
- federalist background - giving up some control to a supra-national authority
- due to WW2 and movements in Italy/Germany
- 1946 - European Union of Federalists
- working peace system, international agencies for specialist areas
- Free Trade allied with USA (Marshall plan) - improve damaged economies
- Treaty of Paris 1950s - European Coal and Steel Community - pooling of production
between countries inc. control of Ruhr Valley
- takes away vital elements of German economy
- Treaty of Rome - European Economic Community (1957) -
member states represented by ministers
- creation of common market - as if it were 1 economy. Freedom of
migration, remove tariffs and taxes, tariffs for external countries
- Union of European peoples
- UK applied to join EEC 1961 - opposition from France, was UK fully committed?
- accepted 1963
- European Parliament Elections 1971
- Maastricht Treaty 1992 - new areas of cooperation for EU members -
common foreign and security policy, justice and home affairs
- Lisbon Treaty 2007 - Justice and Home Affairs becomes
Supra-national (treaty
changes the functioning of the EU)
- Main policies of EU
- Common FP: 1969 Hague Summit, common voting bloc in UN, Israel/Palestine,
- break up of Yugoslavia showed it's short comings.
- few resources, little power. Talking shop?
- Splits within EU on Iraq
2003. EU replaced NATO in
Bosnia
- Economic Monetary Union
- diff states
loosely
coordinate
currency so
exchange rate
doesn't differ
greatly
- formation of single currency - Euro 1999
- early problems
in Eurozone -
inflation. Failure
of states to
keep deficit
under 3% GDP
*Rule*
- predictions of EU Monetary crisis
- remain the same, abandoned, remodelled?
- The Commission (main supranational body)
- 1. President of Commission (José Manuel Barroso)
- 2. Commissioner from each member state
- REPRESENTS EU.
MANAGES BUDGET.
MONETARY
FRAMEWORK FOR
PROGRAMMES
- The Council of Ministers.
- where officials from each member state
discuss/cooperate. Pass laws proposed
by commission. Approves budget.
Responsibility for foreign and security
- European Parliament
- Not high voter turnout
- each states number of members
based on population, grouped on
political affiliation rather than
nationality
- Court of Justice
- one justice from each member state. Rule on laws passed by EU
- Clarifications - requests for preliminary rulings
- actions for failures to fulfil obligations
- direct actions on individuals/companies
- N.B. Council of
Europe not part of
EU. based on
HRA, has
European Human
Rights Court
- READ THE PACKS ON THIS!!
- THE UNITED NATIONS
- most important institution in the
world? Founding of the League
of Nations in Versailles 1919
- US Pres Wilson played key role - 14
points - "a general association of nations
must be formed"
- Key principles from this: territorial respect;
collective security; come to defence of
states attacked; wasn't universal in
membership (Cong said no)
- failings: Didn't intervene in Japan's
invasion of China (1931), nor in
Spanish Civil War, or Germany's
rearmourment
- WW2 created forum for UN. US emerged as
principle power for UN
- Atlantic Charter 1941 - Churchill, FDR
- what everyone was fighting for
'establishment of wider and permanent
system of security
- Declaration of UN 1942
- 26 allied states
- Dumbarton Oaks (August 1944): decide the shape and nature of institution
- UN security council established through this: US, UK, SU, China, FR.
- these given vetoes
- San Francisco (1945) agreed that Dumbarton Oaks decisions "approved by the world"
- UN Charter, 1945
- to maintain international peace and security
- international cooperation solving international
problems: econ, social, cultural, humanitarian
- means to do this: negotiation,
enquiry, mediation, conciliation,
judicial settlement. i.e. diplomatic
means
- limitations of UN actions
- may not intervene in matters essentially
within the domestic jurisdiction of any state
- Security Council
- permanent members, UK, US, Russia, France, China
- non-permanent include Germany, S.A., Pakistans
- resolutions legally binding when passed
- General Assembly
- open to all states of the world - 193 members (Kosovo, Taiwan not recognised)
- Meet regularly every year
- debate international issues
- US vetoed Palestine's attempt to enter
- UN Secretariat
- 13,000 employees in NY
- 50,000 worldwide
- headed by Secretary General: Ban Ki Moon
- International Court of Justice
- judicial organ of UN
- 15 judges elected every 9 years by assembly and sec council
- no automatic jurisdiction, states must submit themselves/ a case, to it.
- Nicaragua submitted a case against the US, but the US wouldn't attend - nothing they could do.
- HR
- not originally part of
UN, became strong part
after signing due to
WIlson's wife.
- UN Economic and Social Committee ECOSOC
- Functional specialist agencies e.g. WHO, UNESCO
- Programmes and Funds e.g. UNICEF
- READ THE PACKS ON THIS