US and UK constitutions

Question 1

Intro

Answer 1

A constitution is a set of rules that govern the government and can check or restrain them. There are two types of constitutions, codified which are based on the existence of a single authoritive document, which sets the core principles, rights and freedoms. Uncodified constitutions are made up of rules that are found in a variety of sources rather than a single legal document. This essay will find the differences between the US and UK constitutions.

Question 2

UK uncodified explain

Answer 2

The UK has an uncodified constitution, meaning there is no written legal document that outlines the rights of UK citizens, instead it has developed over centuries from a variety of sources such as historical judgements, treaties, EU law and royal prerogatives. Due to the UKs constitution being uncodified this means that it is still changing and developing to this day.

Question 3

uk uncodified example

Answer 3

For example, the fixed parliament act 2011 was passed by a simple act of parliament and changed the UK constitution by stating that elections were to be fixed to every 5 years. However, this was repealed in 2022, meaning that once again the UK government can call an election at any time they want.

Question 4

Uk uncodified analysis

Answer 4

This shows that the uncodified nature of the UK constitution allows for rules that are more up to date within the modern world. Whereas, in the US they have a codified constitution.

Question 5

US codified explain

Answer 5

This is an original constitution based on the bill of rights which was written by the founding fathers and 17 further amendments, which provides clear rules, limits of the government which cannot be deviated from. This is found in the first 3 articles of the constitution explaining the differences between congress, the president and judiciary’s roles.

Question 6

US codified example

Answer 6

For example, the constitution explicitly states that the president cannot be a member of the legislative branch of government.

Question 7

US codified analysis

Answer 7

This shows the codified nature as this establishes a clear separation of powers between the 3 branches of government.

Question 8

un/codified conclusion

Answer 8

It can be argued that there are major differences between the UK and US constitutions, as in American politics the constitution is much more important, as it plays a significant role in political discourses such as Kamala Harris attacking Donald Trump in the 2024 election for wanting to get rid of the constitution. However, in the UK due to the constitution not being written down it is almost never mentioned compared to the US.

Question 9

UK flexibility explain

Answer 9

In the Uk, there are no procedures for amending the constitution as constitutional law is subject to the same procedures as ordinary laws, this flexibility can be viewed as a strength and weakness. This is because the system is always vulnerable to abuse by the government due to it being largely based on trust and can be amended by a majority vote in parliament.

Question 10

UK flexibility example

Answer 10

For example, Prime minister Edward Heath took Britain into the European economic community without the agreement of parliament.

Question 11

UK flexibility analysis

Answer 11

This is how a prime minister should use their power, as this is why UK politics is mainly built on trust as the people trust the government to respect their rights, freedom and carry out their function in a lawful disciplined manner. There are no constitutional authorities to challenge their actions other than parliament itself which is under the control of the prime minister and the government.

Question 12

US flexibility explain

Answer 12

In contrast, the US constitution has only had 27 amendments passed with only 17 of them in the last 220 years. This is because the amendment process is deliberately difficult in the USA to promote stability and deter corrupt amendments. This shows that the US constitution has a higher status than the UK as it is difficult to change.

Question 13

US flexibility example

Answer 13

An example of this is that out of 11,000 proposed amendments there have only been 27 successful ones.

Question 14

Flexibility conclusion

Answer 14

Overall, this shows that there is another major difference between the US and UK constitutions as in the UKs flexible nature allows for change or new amendments to be made much quicker and simpler, whereas in the US the constitutions make it deliberately difficult to change or propose new amendments.

Question 15

UK unitary explain

Answer 15

The UK constitution also dictates a unitary system. This means that the UK parliament in Westminster holds power over all other forms of governance, other bodies in Wales, Scotland and Northern Ireland each have a devolved government only because they have been given permission by the UK parliament, however this means should Westminster ever wish to change or abolish these devolved governments they can without any consultations.

Question 16

UK unitary example

Answer 16

For example, gender recognition in Scotland is a devolved matter because it falls under health, but the legislation was blocked by the UK government who argued it impacted reserved powers such as the Equality act 2010 which protects “sex” as a characteristic. This highlights the unitary nature of the UK constitution as it shows, despite Scotland making decisions over their own devolved matters, the UK parliament remains the ultimate authority.

Question 17

US federal explain

Answer 17

However, the US constitution has a federal political system, meaning each state has its own government to deal with internal affairs, while still having federal government in Washington DC to deal with foreign and internal troubles.

Question 18

US federal example

Answer 18

For example, in 2022 the US supreme court overturned Roe v Wade which allowed some states to introduce bans on abortion, President Joe Bidens administration was not able to overrule this despite disagreeing with it.

Question 19

US federal analysis

Answer 19

This highlights the US federal nature as it shows variation between laws and policies across states, creating a balance between state and federal authority.

Question 20

Unitary/ federal conclusion

Answer 20

Overall, there are similarities between devolution in the UK and federalism in the US, The American system can create discourse between state and government if they disagree with laws, whereas in Britain there is a central government which holds power over other governments but can be questioned, with issues like Brexit and Scottish independence.

Question 21

CRP UK explain

Answer 21

Another key difference between the US and UK constitutions is how citizens’ rights are protected. In the UK there are some unwritten principles as the rule of law which means British citizens possess what are known as natural rights, meaning that there are certain freedoms which naturally reside in a person and where the onus lies with governments to justify changing or removing them such as freedom of speech.

Question 22

CRP UK example

Answer 22

For example, Boris Johnson attempted to postpone parliament but was ruled unlawful by the supreme court. This demonstrates how citizens’ rights are protected by constitutions as not even the prime minister and government can act out with the law and shows the supreme court can intervene to show the law is enforced.

Question 23

US BOR explain

Answer 23

However, in the US they have the bill of rights which are the first 10 amendments made to the US constitution. These were created by the founding fathers whose main aim was to make individual freedom clearer and the system more democratic felt that they could provide, which they thought was missing in the original constitution.

Question 24

US BOR example

Answer 24

For example, the bill of rights provided such protections as freedom of speech, freedom of the press, freedom of religion and protection against self-incrimination.

Question 25

US BOR analysis

Answer 25

This shows how citizens’ rights are protected as it limits the government’s power, while upholding individual rights.

Question 26

CRP conclusion

Answer 26

Overall, the bill of rights and rule of law are different because the bill of rights is written and codified unlike the rule of law which is unwritten. It is argued that the rule of law is now meaningless in modern day Britain as it can be easily ignored by the central government, whereas American citizens rights are better protected as having it written down is better to remind the government and ensure it is exercised.

Question 27

Conclusion

Answer 27

In conclusion, there are significant differences between the nature and status of the UK and US constitutions through them being codified and uncodified, the flexibility of their systems, and their unitary and federal structures. The US Constitution, being codified and written, provides a clear and stable legal scope that explicitly protects citizens’ rights through its amendments as they can be too difficult to change or challenge. In contrast, the UK’s uncodified constitution allows for greater adaptability and evolution over time but can lead to problems in the protection of rights, while both constitutions aim to protect citizens, the extent of their differences is great while still working for each country’s political system.