Practice of Liberal Democracies

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

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Practice of Liberal Democracies

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	Created by beth.kirby about 11 years ago