US + UK Rigid + Flexible Constitution Comparison Flashcards
What is a constitution?
-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
What are the two key features of the US constitution that make it rigid + difficult to change? - 1
-codified
-articles of the constitution
What does the US being codified mean?
-written in one place serving as supreme doc of land
-all to. Actions evaluated against a single standards + explicitly enshrines fundamental rights
How does this result in rigidity?
-deliberately hard to change with its entrenched provisions
What is an example of a key element of a codified constitution?
-entrenched laws that are difficult to change
-bill of rights 1791 includes the first ten amendments
What are two of the first ten amendments?
-first amendment = protects individual freedoms like to religion + speech
-second amendment = guarantees right to bear arms
What are the articles of the constitution? - 1
-articles are very precise in places like roles + duties of each branch
What is an example of these articles?
-article 1 - legislative branch
-article 2 - executive branch
-article 3 - judicial branch
What is the purpose of the first three articles?
-ensures a separation of powers
-to avoid tyrannical rule + avoid one branch gaining too much power
How does this contribute to its rigidity?
-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
How does the amendment process lead to rigidity + it being difficult to change? - 2
-very hard to amend as requires approval of supermajorities in both chambers (2/3 majority) - supermajorities from individual states
What is an example of one of these high thresholds that make amendments difficult to obtain?
-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
What does the difficult amendment process lead to?
-informal amendments via SC judgements from individuals ho are unelected + unaccountable creating legislating from the bench
What is an example of an informal amendment?
-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
What does informal amendment lead to?
-creates more flexibility but technically expanding their role set out in constitution to ‘interpret laws’ not make them or pass amendments
What are the key features of the UK constitution? - 3
-uncodified - parl sovereignty
-rule of law
What does the UK constitution being uncodified mean?
-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
What is a key features of the UK constitution being uncodified?
-parl sovereignty
-parl supreme legal authority to make or unmake laws but not written as single authoritative doc but est. by statute
What started establish parl sovereignty?
-the parl acts of 1911 + 1949 which defines relation between HoC + HoL which limits HoL ability to block legislation
What has affirmed parl sovereignty?
-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
What is rule of law?
-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
How does this create flexibility?
-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
What is an example of this?
-R (Unison) v Lord Chancellor 2017 - principle of fairness
-gov decision intro fees for employment tribunals
What was the judicial review outcome?
-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
How is the flexibility of the UK constitution exaggerated? - 4
-through the role of backbenchers + opposition in the HoC
-protect constitutional rules + principles
How is opposition established?
-by conventions + not ,as
-convention are unwritten rules that govern political conduct + are powerfully but nit legally enforceable
What is limited with opposition?
-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
What is an example of this?
-2019 Brexit legislation - Brexit withdrawal agreement
-gov control over parl timetable limiting opportunity for opposition raise issues or amend legislation
