(12) differences between nature of constitutions

Question 1

flexibility

Answer 1

-UK, flexible, unentrenched, single tier legal system, regularly amended, easy to change so becomes ‘political football’ e.g. european withdrawal act 2020
-US, entrenched, requires supermajorities to change, only 27 amendments in history e.g. ERA failed despite gaining 70% support in ratification stage
-cultural: UK is small ‘c’ conservative based on positive constitutionalism, US small ‘l’ liberal based on negative constitutionalism

Question 2

codification

Answer 2

-UK, multi source constitution, uncodified e.g. salisbury convention
-US, one document, authoritative and judiciable e.g. first amendment
-cultural: UK is pragmatic and has evolved over many years, US was founded by revolutionaries

Question 3

fusion of powers

Answer 3

-UK, legislative is fused with executive making the executive far more powerful as a result e.g. Sunak is an MP and PM
-US, legislative, executive and judiciary are all separate, decentralisation forces compromise e.g. Biden could not vote on his Build Back Better Bill
-cultural: UK is small ‘c’ parliamentary system, US is liberal and influenced by montesquieu