1. US AND UK CONSTITUTIONS COMPARED

2. US
CONSTITUTIONAL SOVEREIGNTY
Constitutional document is highest law of the land
Laws of Congress and actions of executive can be deemed to be unconstitutional
Does this give the Supreme Court too much power? UK
PARLIAMENTARY SOVEREIGNTY
No higher authority than parliament
No higher law
Any law can be made or unmade with no challenge
No unconstitutional laws

3. UK
UNCODIFIED
No single, authoritative, codified document that is the constitution
Examples of written sources?
Unwritten sources? US
CODIFIED
One single document which is the source of the constitution
Could argue that power of judicial review, Congressional committees, presidential primaries, political parties, pressure groups and War Powers Act are not written in constitution
Are also conventions which fill the gaps where the constitution is silent e.g. presidents use of cabinet and EXOP

4. Separation of personnel although some sharing of powers e.g.?UK
FUSION OF POWERS
Executive is drawn from the legislature and responsible to it
Few checks and balances
Elective dictatorship?
Has there been more separation recently? US
SEPARATION OF POWERS
Separation of personnel although some sharing of powers e.g.?
A danger of too many checks and balances?

5. UK
FLEXIBLE
Unentrenched constitution
Easily amended
E.g’s? US
RIGID
Two-thirds majority in Congress and three-quarters state legislatures needed to effect an amendment
Only 17 amendments in 210 years
Interpretative amendment of Supreme court

6. UK
UNITARY
Power is centralised and concentrated in sovereign Westminster parliament
Parliament can devolve power away but does not devolve sovereignty US
FEDERAL
Division of powers between federal and state governments
Dual sovereignty

7. UK
RIGHTS NOT ENTRENCHED
No equivalent of Bill of Rights
HRA in 1998 but courts can only declare incompatibility with the Act, they cannot strike down legislation US
ENTRENCHED RIGHTS
Within Bill of Rights rights are inalienable and entrenched.
Strong rights culture in US
However, rights have been violated