constitutions essay Flashcards
uncodefied constitution description uk
One aspect of the UK constitutions is the unwritten nature of it. The UK has a “uncodified” constitution, which means that there is no single legal written document we can refer to ( such as the US constitution) which outlines, or details, the legal rights and liberties of British citizen. This allows for laws to be passed quickly and easily by the government of the day to react to events.
uncodefied constitution example uk
For example, The Representation of the People Act 1918 was passed to enable the enfranchised of women into voting in the UK. This law was passed after society attitudes had changed and political protests.
codefied constitution description US
Whereas in the USA the constitution is codified. The written nature promotes a greater awareness of citizen’s knowledge of their constitutional right but makes changes and amendments more difficult to enact.
codefied constitution example US
For example, there has only been 27 amendments to the US constitution.
codefied vs uncodefied analysis
Therefore, although much of the UK constitutions is written down, it’s codified nature could be argued to make it more flexible than the US constitution; however, this also means that the US constitution could be claimed to protect citizen’s rights to a greater extent, this is due to the constitution being very difficult to amend which makes it harder for rights to be removed. In conclusion, this shows that the UK constitutional idea of nature is significantly greater than the US when protecting the rights of the individual.
status uk description
A second aspect of the UK constitutions is status. This aspect refers to the concept of the UK, but it also plays into the principal that there is only one source of legality. The British constitutional theory makes it extremely clear that all political and legal power relies with the UK Parliament. Other political bodies (judiciary, local, and Scottish Parliament) can only use this rule when granted permission by the UK Parliament.
status uk example and analysis
For example, The Scottish Parliament only excites as Westminster has given it permission to exist, which in theory could also remove powers from it but, this is in fact highly undemocratic and it would be difficult for politicians to convince the public otherwise. This shows that it is different the USA’s federalism where states have sovereignty and a right to exist, as well as significant levels of constitutional independence.
status us description
However, federalism is the sharing of power and sovereignty between central and regional governments (federal government and the 50 individual states). Federalism ensures constitutional independence for these states, as the areas they are in charge of. Unlike the UK America has its powers are laid out by the constitution, and can’t be taken back by the federal government.
status us example
For example, the 10th amendment of the US constitution protects the sovereignty of the state level government stating: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’ Which was seen at the time COVID when trump could not force states to open up during the pandemic.
status uk vs us analysis
This means that due to Federalism protecting the powers of the state it is able to promote more power/freedoms to the 50 states allowing the public to have more of a say on local matters. Whereas the UK unity can be seen as being undemocratic as it can take away past decisions without consulting the public. In conclusion, this shows that the US constitutional idea of status is significantly greater than the UK when protecting the rights of the individual.
sovereignty uk description
A third aspect of the UK constitution is sovereignty. The UK Parliaments is supreme over all forms of institutional power, which is based on the concept that Parliament are able to pass any law they wish and with the condition that any parliament can undo said law at any time.
sovereignty uk example and analysis
For example, in 2019 when Boris Johnson failed to pass his Brexit deal he held a snap election to increase his majority and make passing legislation easier. He achieved 365 seats and a Parliamentary majority of 80 despite only getting 43.6% of the popular vote. This enabled him to get a Brexit deal passed. This can be seen as both legitimate by some and illegitimate by others as the Prime Minster do not consult the other members of parliament when doing so.
sovereignty us description
Whereas, in America a basic principle of the constitution is the checks and balances of each branch of government. This part of the constitution is built into the system to force each branch of government to be held accountable to others and US citizens.
sovereignty us example and analysis
For example, . This ensures that no breach of government will become so powerful that it renders other branches insignificant. This means that because of the in-depth checks it is harder for the government to go against the public’s wishes.
sovereignty uk vs us analysis
Whereas with the UK constitution it is very easy for the government to go back on past laws/decision without the public’s consent. In conclusion, this shows that the US constitutional idea of sovereignty is significantly greater than the UK when protecting the rights of the individual.
