US + UK Rigid + Flexible Constitution Comparison

Question 1

What is a constitution?

Answer 1

-legal doc outlining structure, powers + functions of a gov
-along with rights + responsibilities of its citizens
-serves as supreme law of the nation providing framework all laws, policies + governing actions must operate

Question 2

What are the two key features of the US constitution that make it rigid + difficult to change? - 1

Answer 2

-codified
-articles of the constitution

Question 3

What does the US being codified mean?

Answer 3

-written in one place serving as supreme doc of land
-all to. Actions evaluated against a single standards + explicitly enshrines fundamental rights

Question 4

How does this result in rigidity?

Answer 4

-deliberately hard to change with its entrenched provisions

Question 5

What is an example of a key element of a codified constitution?

Answer 5

-entrenched laws that are difficult to change
-bill of rights 1791 includes the first ten amendments

Question 6

What are two of the first ten amendments?

Answer 6

-first amendment = protects individual freedoms like to religion + speech
-second amendment = guarantees right to bear arms

Question 7

What are the articles of the constitution? - 1

Answer 7

-articles are very precise in places like roles + duties of each branch

Question 8

What is an example of these articles?

Answer 8

-article 1 - legislative branch
-article 2 - executive branch
-article 3 - judicial branch

Question 9

What is the purpose of the first three articles?

Answer 9

-ensures a separation of powers
-to avoid tyrannical rule + avoid one branch gaining too much power

Question 10

How does this contribute to its rigidity?

Answer 10

-fixed structure of separated powers that cannot be changed without formal amendment which is impossible to secure
-articles entrenched provisions to ensure effective checks + balances but limits flexibility of governance to act freely without scrutiny

Question 11

How does the amendment process lead to rigidity + it being difficult to change? - 2

Answer 11

-very hard to amend as requires approval of supermajorities in both chambers (2/3 majority) - supermajorities from individual states

Question 12

What is an example of one of these high thresholds that make amendments difficult to obtain?

Answer 12

-high thresholds for ratification of amendment needs 3/4 of state legislatures (38/50)
-this ensures amendment widely supported across nation + not just in certain states = very few passed due to this - 27 in 200+ years

Question 13

What does the difficult amendment process lead to?

Answer 13

-informal amendments via SC judgements from individuals ho are unelected + unaccountable creating legislating from the bench

Question 14

What is an example of an informal amendment?

Answer 14

-explicit right to private gun ownership due to District of Columbia v Heller 2008
-the Miranda Rights - right of those stopped by police to remain silent + avoid self-incrimination

Question 15

What does informal amendment lead to?

Answer 15

-creates more flexibility but technically expanding their role set out in constitution to ‘interpret laws’ not make them or pass amendments

Question 16

What are the key features of the UK constitution? - 3

Answer 16

-uncodified - parl sovereignty
-rule of law

Question 17

What does the UK constitution being uncodified mean?

Answer 17

-written in many places meaning it contains multiple clauses, flexible, no entrenchment + simplistic
-easy to change + update historical clauses that no longer prove helpful or relevant - anachronistic

Question 18

What is a key features of the UK constitution being uncodified?

Answer 18

-parl sovereignty
-parl supreme legal authority to make or unmake laws but not written as single authoritative doc but est. by statute

Question 19

What started establish parl sovereignty?

Answer 19

-the parl acts of 1911 + 1949 which defines relation between HoC + HoL which limits HoL ability to block legislation

Question 20

What has affirmed parl sovereignty?

Answer 20

-common law through landmark cases like 2017 R (Miller) v Sec of state for exiting EU
-stated only parl can authorise formal triggering of Brexit

Question 21

What is rule of law?

Answer 21

-no one is above the law incl. gov - everyone is equal under protection of law
-ensures power id exercised within legal limits + helps prevent abuse of power

Question 22

How does this create flexibility?

Answer 22

-allows judicial review where courts review actions of gov to ensure legal + compliant with the law
-interpret HR in modern circumstances providing rook for courts to adapt

Question 23

What is an example of this?

Answer 23

-R (Unison) v Lord Chancellor 2017 - principle of fairness
-gov decision intro fees for employment tribunals

Question 24

What was the judicial review outcome?

Answer 24

-SC ruled unanimously in favour of unison finding the fees unlawful
-gov failed properly asses impact of fees on access to justice - violated constitution right to access the courts

Question 25

How is the flexibility of the UK constitution exaggerated? - 4

Answer 25

-through the role of backbenchers + opposition in the HoC
-protect constitutional rules + principles

Question 26

How is opposition established?

Answer 26

-by conventions + not ,as
-convention are unwritten rules that govern political conduct + are powerfully but nit legally enforceable

Question 27

What is limited with opposition?

Answer 27

-can’t easily challenge gov as constitution gives signif power the gov in parl
-may be limited in practice unless has enough support from public or cross party

Question 28

What is an example of this?

Answer 28

-2019 Brexit legislation - Brexit withdrawal agreement
-gov control over parl timetable limiting opportunity for opposition raise issues or amend legislation