P3 - Constitutions Compared

Question 1

what similarities are in the nature of the Constitution

Answer 1

• both can be amended
• they are both judiciable to an extent
• they consist of written documents in some guise
• both constitutions allow for the explicit protection of citizens’ rights and both countries have also infringed upon rights in the name of national security

Question 2

what differences are in the nature of the Constitution

Answer 2

• the US is codified, the UK’s is uncodified
• The US is entrenched through Article V, while the UK’s constitution is not
• In the UK, sovereignty rests with parliament in a unitary system, while the US sees sovereignty rest in the Constitution
• rights protection in the USA is far more extensive and entrenched, whilst in the UK they are effectively given and taken by the government

Question 3

What similarities are in the principles of the Constitution

Answer 3

• both have SOPs, especially after the 2005 CRA
• the growth in power of the HofL could be compared to a divided gov in the USA
• checks and balances exist in both countries, with the SC being successful in both

Question 4

what differences are in the principles of the Constitution

Answer 4

• checks and balances are limited in the UK due to fused powers
• bipartisanship is enforced through supermajorities in the US Constitution but is usually unnecessary in the UK due to large electoral majorities of the winning party
• The US gov is limited through SOPs. The UK gov can become an elective dictatorship

Question 5

what similarities are found between federalism and devolution

Answer 5

• US states are reliant on grants from gov in the same way the four UK nations are reliant on central finance
• the national government maintains a degree of supremacy over the smaller, regional government
• both states and devolved regions have notable differences in legislation to other parts of their respective counties

Question 6

what differences are found between the federalism and devolution

Answer 6

• each state in the USA can have a vast array of varying legislation and criminal punishments; most of the UK criminal law is centralised or strikingly similar across all four nations
• the states of the USA have their sovereignty protected whereas devolved bodies are dependent on Parliament for their existence
• UK devolved bodies have limited resource appeal to the SC, while US states frequently successfully challenge the US federal government in the SC