Compare: UK vs US Constitution Flashcards
4
Describe the differences between the nature of the UK and US Constitution
- Codified vs uncodified
- Convention more regularly used in UK (as uncodified)
- entrenchment vs unentrenched (more flexible)
- amendments less frequent in US
3
Describe the similarlities between the nature of the UK and US Constitution
- Both have conventions/informal powers
- both have some rights protections written into law
- both can change (via amendment or statute law)
3
Describe the differences between the sources of the UK and US Constitution
- Single codified document vs 5 sources
- SC rulings can supplement written sources vs SC rulings are non-binding
- Conventions more regularly used in UK
3
Describe the differences between the principles of the UK and US Constitutions
- separation of powers vs fusion of powers
- checks and balances vs elective dictatorship (as Parliament is sovereign)
- federalism v unitary state
3
Describe the similarities between the principles of the UK and US Constitutions
- separation of powers (Constitutional Reform Act 2005)
- checks and balances in both (no-confidence motion)
- aspects of sharing political sovereignty i.e. devolution
3
Describe the differences in the separation of powers between the UK and US Constitutions
- Congress members/Executive Office separate vs government drawn from legislature
- Presdient/Congress elected separately vs PM/Parliament elected together
- SC appt process (political v non-political)
3
Describe the similarities in the separation of powers between the UK and US Constitutions
- Only legislature, not executive, can pass budgets
- due to: codfied/entrenched vs evolutionary nature
- SC independence
5
Describe the differences in the checks and balances between the UK and US Constitutions
- Checks and balances not enshrined in UK (e.g. FTPA)
- More frequent elections for HoR, yet none for HoL
- Powers of patronage and whip system weaker in US
- Party majority more significant in UK
- SC rulings legally binding vs can be circumvented
3
Describe the similarities in the checks and balances between the UK and US Constitutions
- SC rulings are politically binding
- Parliament can dissolve govt and trigger PM resignation + impeachment of President in US
- Size of party majority significant
4
Describe the differences between US Federalism and UK Devolution
- Division of powers to subsidiary bodies (asymmetry) - due to evolutionary nature
- Fusion vs separation of powers in devolved/state governments
- Location of sovereignty
- Federalism a founding principle of US vs devolution more recent in UK (so more amendable)
3
Describe the similarities between US Federalism and UK Devolution
- SC can arbitrate in disputes between state/devolved bodies and central government
- Federal/Parliamentary law supercedes state/devolved law
- States assume all powers not enumerated to Federal Govt + ‘reserved matters model’
