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Paper 3 US · 2023 · 12 marks
Examine the similarities between the US Congress and the UK Parliament in terms of carrying out their legislative role.
Legislature
Mark scheme: agreement
AO1: Senate is elected so has a state-wide mandate; House of Lords is appointed so no direct mandate AO2: The differing mandates means the Senate is more likely to be responsive to public opinion, whereas the Lords may be more independent in their decision-making AO1: Senate has its own explicit Constitutional powers e.g. to confirm judicial appointments; Lords has no equivalent powers but is often used a revising chamber AO2: Explicit and implied powers mean the Senate have more power to directly affect the political process, whereas the AO1: Lords is more limited- but conversely, may have more time for scrutiny of the executive AO2: Senate has a representative function due to its elected nature; Lords is not expected to represent a particular constituency/area/region AO1: The representative nature of the Senate must therefore consider the needs of their constituents and may be held accountable at election time; the Lords can act without fear of affecting their electoral chances and therefore may make decisions based on national rather than regional issues AO2: Senate cannot be overruled by the other chamber, as bills must come to an agreed state before passing to the executive; the Lords can be overruled by the Commons using the Parliament Acts AO1: The Constitution gives the Senate equal legislative power to the House of Representatives, whereas the Lords is perceived as less powerful and more of a revising chamber- although the Lords does also have the power to introduce Bills, so is not wholly subservient to the Commons AO2: Separation of powers means the other legislative chamber and the executive have specific oversight of the Senate e.g. Vice President casts tie- breaking vote in Senate; there are fewer formal political checks by the Commons or the prime minister on the Lords, allowing more independence AO1: The Lords can and does act more independently of executive and party-political influence to introduce, revise and amend legislation; the Senate, however, may become more bogged down in political gridlock due to the AO2: Constitutional checks and balances in place
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