3 ways consitution is less flexible US
- amendment process
- codified
- judicial interpretation (parliament can over rule judiciary through new legislation, where as the US Judiciary reinforces the constitution)
Give 3 ways in which the UK Constitution is more flexible than the US Constitution.
✔ Uncodified is inherently more flexible. E.g. constitutional provisions can be made on a whim e.g. HRA ‘98 or Brexit.
✔ UK can be easily amended e.g. repealing the Fixed Term Parliaments Act 2011
✔ Common law (legal precident) is a large contributor of the UK Constitution
e.g.
R (Miller) v. The PM - limits power of royal prerogative to prorogue the Parliament
Give 3 ways in which the US Constitution is more flexible than the UK Constitution and provide UK supplementary points.
✔ The amendment process allows for change in light of societal change. E.g. 18th and 21st amendments in line with prohibition in the 1920
❌ However, the UK is also amicable in light of societal change. E.g. Firearm (Amendment) Act 1997 in light of Dunblane disaster.
✔ Judicial ‘interpretation amendments’ e.g. Baze v. Rees - lethal injection was neither a cruel nor unusual punishment.
❌ The inclusion of the common law in the constitution means the UK goes a step further.
Give 3 US checks and balances
.
✔ Article 2 - power of presidential veto. e.g. Obama used 12 times in 8 years.
✔ Impeachment - e.g. Bill Clinton in 1998 for perjury and obstruction of justice.
✔ Bipartisanship - e.g. Bush’s education reform was only possible with the backing of Democrats such as Edward Kennedy.
Give 2 ways in which the UK constitution provides better checks and balances than the US Constitution.
✔ Face-to-face scrutiny due to the fusion of powers. E.g. PMQs - aphorism ‘punch and Judy politics’ suggesting it is as much a comedic sketch as it is a scrutiny measure.
✔ Judicial review has been described as the ‘only defence of British freedoms’ by Lord Deben. E.g. R (Miller) v. PM - though no legal consequence.
Give some disadvantages of a codified constitution.
❌ Enumeration of rights doesn’t necessarily mean they are protected - Right to bear arms is restricted by the federal government - established in Toto v. United States
❌ Elevates the importance of unelected/unaccountable judges over elected officials - ‘legislating from the bench’. - United States v. Windsor
❌ Uncodified constitutions are more easily amended - though less safeguard of rights e.g. HRA ‘98 could be repealed.
Outline the formal amendment process in the US.
- Require a super majority in both houses
- then 3/4 of states ratification
Give three ways in which the executive checks the legislative.
- Presidential veto - used by Obama 12 times in 8 years - line item veto is unconstitutional - (Clinton v. New York)
- policy agenda (staste of the union)
- comander and cheif of the army - biden moving aircraft carriers into the red sea
Give three ways the legislative checks the executive.
- Presidential veto can be overridden with a 2/3 majority - e.g. Trump’s National Defence Authorisation Act veto was overridden.
- Appointments require Senate approval - e.g. Republican Senate refused to even consider Merrick Garland in 2016 - hyper-partisanship?
- Power of impeachment - e.g. Bill Clinton in 1998 with counts of perjury and obstruction of justice.
a way that the legislative checks the judiciary.
- Can impeach judges - Thomas Porteous
