A-Level Politics: UK vs. US Constitutions

UK vs. US Constitutions: A Comparison

• The discussion revolves around comparing and contrasting the constitutions of the UK and the US, specifically tailored for A-level politics specifications.
• The areas of focus include the nature, sources, provisions, principles like separation of powers, checks and balances, the federal system in the U.S. versus the UK's devolution, and the application of rational, cultural, and structural approaches to understand the similarities and differences.

Codified vs. Uncodified Constitution

• The US constitution is codified, meaning it is written in a single document.
• The UK constitution is uncodified, existing across multiple sources.
• The US constitution was created during the revolutionary war by the founding fathers who set out how Government should work in a document.
• The UK constitution evolved over hundreds of years so there was no need to put it in writing.
• The US constitution is worrysome about too big and powerful of a government.
• The UK constitution reflects a lack of revolution, allowing easy changes over time.

Sources of the Constitution

• The US constitution is primarily found in a single codified document with 27 amendments.
• The US Supreme Court plays a crucial role as the guardian of the constitution, interpreting its provisions.
• The UK constitution is uncodified with many sources: statute law, common law, conventions, authoritative works, and treaties.
• There is a degree of vagueness in both constitutions, allowing room for interpretation by politicians.
• In the US, executive orders are used extensively by presidents, sometimes bypassing congressional declarations of war.

Separation of Powers, Checks, and Balances

• The US constitution has a strong separation of powers to prevent anyone from being in two branches at the same time.
• The executive (President), legislature (Congress), and judiciary (Supreme Court) are distinctly separated in the US.
• The UK has three branches, but the separation is weaker; the executive sits within the legislature.
• In the UK, Parliament is sovereign, whereas in the US, sovereignty lies with the constititution.
• In the US, it is unusual for the president to have both houses of Congress controlled by the same party, limiting their power.
• Both the US and UK have checks and balances, but differ in strength.

Checks and balances in the US and UK

• In the UK, Parliament can block government bills or even remove the government through a vote of no confidence.
• The House of Lords can delay decisions, and the Supreme Court can reverse government actions but only if those actions contravene legislation, nothing in the constitution.
• In the US, Congress can block the president's bills, overturn vetoes, reject appointments/treaties, and even impeach members of the executive or judiciary.
• The US congress controls the federal budget and has the power to declare war, while the president can veto bills and appoint judges.
• The US Supreme Court can deem laws or executive actions unconstitutional, safeguarding citizens' rights.

Rights and Amendments

• Both the US and the UK pride themselves on being liberal democracies by protecting the rights of their citizens.
• The US has the Bill of Rights enshrining key constitutional rights that can only be removed through constitutional amendment.
• In the UK, rights are less secure because they can be removed by acts of Parliament.
• The US constitution is less flexible than the UK's, requiring a complex amendment process of two-thirds of both houses, and three-quarters of all states.
• In the UK, fundamental changes to the constitution tend to go through referendums, not with a binding result, but to show a degree of democracy.

Federal System vs. Devolution

• The US operates under a federal system where states hold independent rights and powers enshrined in the constitution.
• The UK has devolution, where devolved institutions like the Scottish Parliament have powers given to them by Westminster, which could also be removed.
• Scotland and Wales have parliaments, and England has MPs in Westminster while Yorkshire remains without any devolved body.
• The US has a uniformed federal system with the same powers whilst the UK is less straight forward.
• It is unlikely that devolution could be overturned though it could be legally.

Rational, Cultural, and Structural Approaches

• Rational Approach: Individuals act based on self-interest which is regulated by law.
• Americans are able to follow their own self-interest more regularly because there are more frequent elections so the government is more responsive.
• Cultural Approach: Focuses on the influences of groups such as factions, cultures, political parties.
• There is stronger cultural protection of rights in the US than in the UK.
• Structural Approach: Centers on structures like the constitution, separation of powers, checks and balances, etc.
• The US constitution disperses sovereignty across the system whilst in the UK it lies with parliament.
• Both countries constitutions have independent judiciaries and structures for regional power.