how do the US and UK constitutions compare Flashcards
1
Q
what are the differences about the sources of the uk and us constitutions
A
- UK = uncodified, unentrenched, many sources - 5
- US = written, codified, entrenched, made in 1787, only 27 amendments, judicial review
2
Q
principles uk
A
- UK = fused powers, executive drawn from the legislature, parliament is sovereign so limits the effectiveness of C+B, devolution but united government
3
Q
principles us
A
- US = FF = limited government, separation of powers, strong system of C+B, bipartisanship, federalism is written within the constitution even though the specific powers aren’t named
4
Q
sovereignty uk
A
- UK = parliament is sovereign and can give and take back powers from devolved powers
5
Q
sovereignty us
A
- US = constitution is sovereign but also shared powers between states and federal governments
6
Q
separation of powers uk
A
- UK = SC created in 2005 only so shows a limited separation of powers and the executive and legislative branches are still firmly fused allowing for executive dominance
7
Q
separation of powers us
A
- US = has 3 individual institutions sharing powers
8
Q
checks and balances uk
A
- UK = executive is drawn from the majority party in the HoC, shows dominance but minimal chance for political gridlock but also questionable effectiveness of scrutiny
9
Q
checks and balances us
A
- US = clear C+B between all 3 branches, well scrutinised policy, but heavy gridlock leading to frequent shut downs as seen in 2019 under Trump when there was the longest ever government shutdown of 35 days, due to disagreements over budgets for the wall in the south
10
Q
protection of rights uk
A
- UK = HRA 1998 has gained authority and is judicable, SC is not sovereign so there are limits to the extent to which rights are protected and enforced
11
Q
protection of rights us
A
- US = Bill of Rights and other key amendments are entrenched, independent and powerful SC to uphold these rights, BUT ERA not passed
12
Q
flexibility uk
A
- UK = not codified and many sources so is very flexible, modern, via new statute law relatively easily especially with strong and stable government, but this does leave it open to those types of governments
13
Q
flexibility us
A
- US = very difficult to amend due to codification and entrenchment, but SC = interpretive amendments, judicial review as seen in Roe v Wade 2023 or Obergefell v Hodges 2015
