US AND UK CONSTITUTIONS COMPARED

1. US AND UK CONSTITUTIONS COMPARED

2. UK PARLIAMENTARY SOVEREIGNTY No higher authority than parliament No higher law Any law can be made or unmade with no challenge No unconstitutional laws US CONSTITUTIONAL SOVEREIGNTY Constitutional document is highest law of the land Laws of Congress and actions of executive can be deemed to be unconstitutional Does this give the Supreme Court too much power?

3. UK UNCODIFIED No single, authoritative, codified document that is the constitution Examples of written sources? Unwritten sources? US CODIFIED One single document which is the source of the constitution Could argue that power of judicial review, Congressional committees, presidential primaries, political parties, pressure groups and War Powers Act are not written in constitution Are also conventions which fill the gaps where the constitution is silent e.g. presidents use of cabinet and EXOP

4. UK FUSION OF POWERS Executive is drawn from the legislature and responsible to it Few checks and balances Elective dictatorship? Has there been more separation recently? US SEPARATION OF POWERS Separation of personnel although some sharing of powers e.g.? A danger of too many checks and balances?

5. UK FLEXIBLE Unentrenched constitution Easily amended E.g’s? US RIGID Two-thirds majority in Congress and three-quarters state legislatures needed to effect an amendment Only 17 amendments in 210 years Interpretative amendment of Supreme court

6. UK UNITARY Power is centralised and concentrated in sovereign Westminster parliament Parliament can devolve power away but does not devolve sovereignty US FEDERAL Division of powers between federal and state governments Dual sovereignty

7. UK RIGHTS NOT ENTRENCHED No equivalent of Bill of Rights HRA in 1998 but courts can only declare incompatibility with the Act, they cannot strike down legislation US ENTRENCHED RIGHTS Within Bill of Rights rights are inalienable and entrenched. Strong rights culture in US However, rights have been violated