Comparing the US and UK Constitutions

Comparing the US and UK Constitutions

Similarities Differences

∙ ORIGINS: ∙ ORIGINS:
∙ Partly shaped by their origins ∙ UK constitution by evolution. US

∙ Both are therefore a product of the constitution by revolution

culture and societies that shaped them ∙ The US constitution came onto the

∙ NATURE: political scene in 1789 almost fully grown

∙ Both said to be based on democracy ∙ The UK constitution has emerged

∙ PROVISIONS: piecemeal over centuries

∙ Both provide systems of government that ∙ The kind of national and political

could be described as representative upheaval seen in America, had not

∙ Both have national governments divided been seen in Britain since the Norman

into three branches Conquest in the 11th C

∙ Both provide a Supreme Court, fixed- ∙ The US constitution is largely shaped

term elections and for sub-national by the expectations, fears and culture of

governments America in the late 18th C It is shaped

∙ Both have bicameral legislatures by the expectations for ideas and beliefs

∙ FEDERALISM/DEVOLUTION: of liberty, individualism, equality, limited

∙ Both seek to serve to give power and government etc

legitimacy to local communities and give ∙ US constitutional provisions: Federalism,

voice to growing regional or nationalist separation of powers, First amendment,

pressures Second amendment

∙ Both are mechanisms for answering ∙ UK Constitution is based on a different

calls for government to be 'nearer to the culture: Monarchy, hereditary peers,

people' archbishops in Lords

∙ NATURE:
∙ Both encourage debate as to how much ∙ USA has a codified constitution - but the

autonomy sub-national governments constitution does not contain uncodified

should be granted issues e.g. the President's cabinet or

judicial review

∙ UK has an uncodified constitution

∙ USA has a single 7000 word document

∙ UK has many documents written and

unwritten

∙ Convention is part of the US codified

constitution - George Washington set the

convention of a two-term presidency

∙ US constitution is entrenched - hard to

amend because the view is that specific

rights and provisions that are enshrined

should not be subject to change

∙ UK constitution is unentrenched - easy

to amend

∙ DEMOCRACY AND SOVEREIGNTY:

∙ In the US the concept of direct

democracy and popular sovereignty

have always been more in evidence

∙ US constitution allows Americans a

greater role in the electoral processes

∙ Between the 1780s and 1880s the

House of Representatives was elected

on a far wider franchise than the House

of Commons
∙ The Senate has been directly elected

since 1914 - House of Lords is unelected

∙ US president has evolved from indirectly

elected to direct election

∙ Tenth amendment sets out where power

resides - with the people

∙ UK constitution emphasises

representative democracy and

parliamentary sovereignty - British

citizens has fewer opportunities for

political participation

∙ PROVISIONS:

∙ Separation of powers in US - no one in

the exec can be serving members of the

legislature and vice versa

∙ Fusion of powers in UK - exec sits in the

leg

∙ House of Representatives and Senate

have equal powers

∙ House of Commons has more power

than House of Lords

∙ CHECKS AND BALANCES:

∙ The US constitution was written to

protect the rights of the governed - rights

and freedoms of Americans would limit

the government - often ends in gridlock

∙ The UK constitution evolved to protect

the rights of the government - the PM

 draws up legislative proposals which

their ministers introduce and get through

parliament - end result is concentration

of power and the promotion of strong,

one party government - dangerous

because can cause an overly autocratic

government

∙ FEDERALISM/DEVLOUTION:

∙ USA has federalism in which political

power is divided between a national

government and state governments,

each having its own area of substantive

jurisdiction - adds a layer to checks and

balances and limits the government

further - states are not subservient to the

national government

∙ UK can be described as a devolved

form of government (only exists

with the agreement of the national

government) in which certain powers

are the prerogative of the central

government, while the exercise of other

powers is devolved to Scotland, wales

and N Ireland - national government is

sovereign
Overall comparison