Examine the natures of the US and UK constitutions- 12 marks. (2021)

Question 1

What are the two similar points?

Answer 1

Judicial review.
Protect people’s rights.

Question 2

What is the difference?

Answer 2

Codified and uncodified.

Question 3

USA: What established judicial review? Why?

Answer 3

1803 Marbury v Madison case.

To prevent any 1 branch of federal government from becoming too powerful.

Question 4

USA: Provide a recent example of judicial review.

Answer 4

1973 Roe v Wade ruled restrictive abortion regulation was unconstitutional.

2022, Supreme Court overturned it. Allows states to ban abortions again.

Question 5

UK: When did the Supreme Court open?

Answer 5

Opened in 2009 after the 2005 Constitutional Reform Act.

Question 6

UK: What is the Supreme Court?

Answer 6

The final court of appeal for all UK civil cases and all English, Welsh, and Northern Irish criminal cases.

Question 7

UK: Provide an example of recent judicial review.

Answer 7

R ‘Miller’ v The Prime Minister deemed Boris Johnson’s suspension of Parliament for 5 weeks as unlawful.

Question 8

USA AND UK: Overall, how is the judicial review similar?

Answer 8

Both Supreme Courts serve as the highest court.
Only hear limited cases per year.

Question 9

USA: What is the Bill of Rights?

Answer 9

The first 10 amendments, commonly used to protect freedom of speech.

Question 10

USA: Provide an example of the Bill of Rights in action.

Answer 10

1941 Cox v New Hampshire.
Supreme Court endorsed the conviction of Jehovah’s Witnesses for parading without permits.

Question 11

UK: What is the Human Rights Act?

Answer 11

1998 Human Rights Act- sets out rights and freedoms everyone is entitled to.

Have documents anyone (e.g., lawyers) can refer to, to check rights have been protected or broken.

Question 12

UK: Provide an example of the HRA in action.

Answer 12

Bracking and others v Secretary State for Work and Pensions.
Intervened the abolition of the Independent Living Fund.

Question 13

USA AND UK: How are they similar in terms of protecting people’s rights?

Answer 13

Both guarantee civil rights to individuals.

Question 14

USA: Is the constitution codified or uncodified? Who was it designed by and why?

Answer 14

Codified- contained within a single document.

Designed by Founding Fathers to be entrenched: specific procedure required for constitutional amendments to be made.

Question 15

USA: How many amendments have there been since 1789?

Answer 15

27.

Question 16

UK: Is the constitution codified or uncodified? Is it entrenched or unentrenched?

Answer 16

Uncodified- made up of a collection of a number of constitutional sources.

Unentrenched- has no specific amendment procedures.

Question 17

UK: How often is the constitution changed? What does this mean?

Answer 17

Constitution is changed every time Parliament passes a new law.

Means it has evolved organically over a significant period.