1. UK Constitution Vs
US Constitution

2. (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)

3. 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.

4. 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

5. 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.

6. 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i.e. the US constitution guarantees the freedom to ‘bear arms’, this principle is clearly outdated.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

7. 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

8. 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

9. 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

10. 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

11. Key Differences between UK and US ConstitutionsUK
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

12. 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.