UK Constitution Vs US Constitution

(However, the language used, also makes them open to interpretation) Constitution Constitutions A constitution is a set of rules which lay down the powers and duties of the institutions of government and establish the rights and liberties of citizens. “a set of rules and prescriptions establishing the legal framework in which governments operate” Max Belhoff Generally – a constitution lays down what a government is allowed to do or not do! (However, the language used, also makes them open to interpretation)

Codified V Uncodified Most democracies have codified constitutions There are advantages and disadvantages of each type The UK and US constitutions have many significant differences.

Codified V Uncodified Advantages of a Codified (written) Constitution (USA) It provides clear rules and limits of government e.g. the US Bill of Rights Enhances awareness of Rights Ensures protection of Rights An Advantage of the US constitution is that it is surprisingly flexible due to the vague wording and the right of the Supreme court to INTERPRET the constitution. E.G Roe V. Wade In the 1970’s a young woman wanted an abortion – however abortion was illegal in all 50 states. Her lawyers argued that the US government could not interfere in a woman’s right to privacy (guaranteed by the constitution) i.e. her body is private The court found 7-2 in favour of this interpretation of the constitution As a result abortions immediately became LEGAL

Codified V Uncodified During the 1980’s in the UK, PM Thatcher passed anti-trade union laws which restricted freedom during the miners strikes If the UK had had a written constitution this would have been challenged and been unlawful.

Codified V Uncodified Disadvantages of Codified Constitutions Inflexible and cannot be easily changed i.e. the US constitution guarantees the freedom to ‘bear arms’, this principle is clearly outdated. However in the UK (uncodified)… Flexibility, the UK was able to ban handguns and bring in strict controls on gun ownership in the UK after the Dunblane school shooting. The UK constitution also allows changes to ‘modern issues’ – i.e. New Terrorism laws

Codified V Uncodified Due to the Status of the US constitution, elections were held in the US during WW2 However in the UK (uncodified)… Elections were easily postponed by a simple act of parliament Just because something is in the Constitution does not mean its guaranteed….. 15th Amendment was passed in 1870 – to give equal rights to African Americans but segregation and racism persisted until the 1960’s In the 21st Century there are on-going issues over voter rights and same-sex marriage

Codified V Uncodified Advantages of the UK’s ‘uncodified’ constitution It has stood the test of time, over 300 years since the act of union It has formed naturally, not artificially created The UK has a ‘stable’ political system It is flexible and adapts to changing circumstances i.e. gun laws, devolution, EU Membership etc

The UK constitution Disadvantages of an ‘uncodified’ constitution The government has the power to ‘increase’ its own power Rights are not protected i.e. with no rights enshrined in law, technically any right can be removed (although the UK is member of both the EU and UN conventions on rights) Only Parliament has the power to effectively limit the government, however the government IS the majority in Parliament i.e. the PM and govt ‘run’ parliament…therefore power is concentrated in the PM and Govt. Inaccessible – not written down, uncodified means it is not understood well by citizens UK constitution is undemocratic – 2 of the 3 elements are unelected, Monarchy and House of Lords The current Conservative UK govt 2015 want to withdraw from the EU Human Rights treaty and the power of the ECHR, which governs things like how long you are allowed to work etc. It wants to set up its own UK Bill of Rights

Codified v Uncodified The US Constitution The UK Constitution Advantages Defines people’s liberties Safeguard against tyrannical government Public can access and understand easier. Disadvantages Hard to agree on Inflexible (hard to change) Too much power to judges (new interpretations) Advantages Flexible – easily changed (no amendment process) Modern – constantly evolving Democracies can function without codified e.g. UK, NZ, Israel Disadvantages Dangerous govt can exploit it Hard for public to understand Allows civil liberties to be overridden

Key Differences between UK and US Constitutions   UK USA How it came about Evolution over hundreds of years Revolution- American wars of independance System of govt. Parliamentary system Presidential system philosophy conservative- tradition liberal – limited government Type of constitution Uncodified Statue law, common law, conventions, treaties Codified principles Principles Parliamentary sovereignty Unitary state Rule of law Separation of power Checks and balances federalism change Flexible- easy to adapt and change (Scottish Parliament created by UK Parliament in 1997) Inflexible- hard to amend (process of amendment is very difficult) Role and power of the judiciary Judiciary- no judicial review so laws cannot be overturned Judiciary has power of judicial review and can overturn laws Power of Supreme Court Abortion, civil rights, death penalty etc rights Rights not guaranteed (Human Right Act 1999) Rights guaranteed (Bill of Rights) supremacy Parliament supreme Constitution is supreme

Exam Preparation: Constitutional Comparison To what extent are the nature and status of constitutions in two political systems you have studied similar? 20 Marks Analyse the key features of the constitutions of two political systems you have studied 12 Marks Evaluate the nature and status of constitutions in two political systems you have studied 12 Marks Suggested Introduction “a set of rules and prescriptions establishing the legal framework in which governments operate” Max Belhoff A constitution is a set of rules which lay down the powers and duties of the institutions of government and establish the rights and liberties of citizens. There are a number of similarities and differences between nature and status of the UK constitution and the US constitution.