Jonah Patel
The British and American Constitutions are two of the most popular constitutions in the world. Despite being based on two entirely different political systems, there are some similarities between the two. Both the UK and the US have national governments divided into three branches: a legislature, an executive, and a judiciary. They both have bicameral legislatures and Supreme Courts, and both federalism in the USA and devolution in the UK seek to give power and legitimacy to local communities.
| Characteristics | Values |
|---|---|
| Type of Constitution | The US has a written constitution, the oldest in the world. The UK has an unwritten constitution. |
| History | The US Constitution began with a revolution. The UK Constitution has evolved over time, with origins in the medieval period. |
| Government Structure | Both can be described as representative democracies with three branches of government: a legislature, an executive, and a judiciary. |
| Legislative Branch | Both have a bicameral legislature. |
| Judicial Branch | Both have a Supreme Court. |
| Sub-national Governments | The US has state governments, and the UK has devolved governments for Scotland, Wales, and Northern Ireland. |
| Federalism and Devolution | Both seek to give power and legitimacy to local communities and to address the disconnect between people and government. |
| Custom and History | Both constitutions are influenced by custom and history and adapt to modern life. |
| Similarities in Operation | Both exhibit similarities in their practical operation, such as the presence of political parties and the impact of pressure groups. |
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What You'll Learn
Both are representative democracies
The United States and the United Kingdom are both representative democracies, also known as indirect democracies or electoral democracies. This means that in both countries, elected representatives vote on policy initiatives, as opposed to direct democracy, where people vote on policy initiatives directly.
In both countries, there are national governments divided into three branches: a legislature, an executive, and a judiciary. Both also have bicameral legislatures and Supreme Courts. The US Constitution allows Americans a much greater role in the electoral processes of their nation than does the UK Constitution for people in Britain. The US has a codified constitution, while the UK's constitution is uncodified, with multiple sources generally identified as statute law, common law, conventions, treaties, and works of authority.
Representative democracy can be organized in different ways, including both parliamentary and presidential systems of government. Elected representatives typically form a legislature, which may be composed of one, two, or more than two chambers. Representatives are elected by the public in national elections for the national legislature. They may also hold the power to select other representatives, presidents, or other officers of the government or legislature.
In both Britain and the US, the representative system allows political parties with a mandate from only one-third of the voting public to rule. This means that limiting democracy to citizens who vote ignores the consequences of how citizens in both countries live for distant others. For example, those who produce food, are affected by wars, or produce energy and goods.
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Both have three branches of government
The British and American Constitutions differ in many ways, but they also share some similarities. One of the most notable similarities is that both countries have three branches of government: the legislature, the executive, and the judiciary.
The legislature is the body that creates and passes laws. In the United States, the legislature is made up of the House of Representatives and the Senate, which together form the Congress. In the United Kingdom, the legislature is the Parliament, which is made up of the House of Commons and the House of Lords.
The executive branch is responsible for enforcing the laws created by the legislature. In the United States, the President is the head of the executive branch, while in the United Kingdom, the Prime Minister is the head of the executive branch.
The judiciary is responsible for interpreting and applying the law. This includes resolving disputes and determining the punishment for those who break the law. In both the United States and the United Kingdom, the judiciary is independent of the other branches of government, ensuring impartiality and fairness in legal matters.
While both countries share this three-branch structure, there are some key differences in how these branches operate. The United States has a written constitution, which outlines the powers and responsibilities of each branch. The British constitution, on the other hand, is unwritten and based on a combination of Acts of Parliament, court judgments, and conventions. This gives the British government more flexibility in interpreting and adapting the laws to changing circumstances.
Despite these differences, the fundamental structure of three branches of government provides a stable framework for both countries to govern their citizens effectively and ensure a balance of powers.
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Both have bicameral legislatures
The British and American constitutions differ in that the United States has the world's oldest written constitution, whereas Britain has an unwritten constitution. However, both countries have bicameral legislatures, which means they have two legislative chambers. In the US, these are the House of Representatives and the Senate. In the UK, they are the House of Commons and the House of Lords.
The British model of bicameralism has been the template for most other parliamentary systems, and its Acts have led to the creation of many other parliaments. The origins of British bicameralism can be traced to 1341, when the Commons met separately from the nobility and clergy for the first time, creating what was effectively an Upper Chamber and a Lower Chamber.
The Founding Fathers of the United States debated two different plans at the Constitutional Convention. The Virginia Plan proposed that a state's population would correspond to the amount of representation it would have in Congress. They ultimately accepted the bicameral system, believing that it would provide an additional layer of checks and balances within Congress. James Madison noted that bicameralism would create two "different bodies of men who might watch and check each other."
In some cases, the two chambers have equal power, while in others, one chamber (the directly elected lower house with proportional representation) is clearly superior in its powers. The first tends to be the case in federal systems and those with presidential governments, while the second tends to be the case in unitary states with parliamentary systems.
Bicameralism has been criticised for making meaningful political reforms more difficult to achieve and increasing the risk of gridlock, particularly when both chambers have similar powers. However, proponents of bicameralism argue that it provides essential checks and balances, helping to prevent ill-considered legislation.
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Both have a Supreme Court
The United States and the United Kingdom both have a Supreme Court. However, there are several differences between the two. Firstly, the UK Supreme Court has slightly less control over its "docket" than its American counterpart. For instance, final decisions in Scottish civil cases may be appealed to the UK Supreme Court without the court's permission, whereas such a requirement exists for the US Supreme Court. Secondly, the UK Supreme Court sends some of its justices to sit on Hong Kong's top court, the Court of Final Appeal. This practice began in 1997 and has continued since, with six retired British justices still sitting on Hong Kong's top court as of 2022.
Another difference lies in the appointment process for justices. In the US, there is an emphasis on confirmation hearings and popular elections, which appears novel to British observers. The UK, on the other hand, forms an independent selection commission composed of the President of the Supreme Court, another senior UK judge, and a member of the Judicial Appointments Commissions of England and Wales, Scotland, and Northern Ireland. At least one of these members must be a non-lawyer.
The US Supreme Court has nine justices who vote on all petitions, while the UK Supreme Court employs a system of three judge panels. The hearings themselves also differ in length, with US Supreme Court hearings being brief, while UK Supreme Court hearings can last up to several days.
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Both have sub-national governments
The United States and the United Kingdom have different constitutional structures, with the US having a written constitution, the world's oldest, while the UK's is unwritten. Despite this, both nations have sub-national governments that operate within their respective federal systems.
In the US, the federal government shares power with state governments, which are themselves composed of local governments at the county and city levels. These sub-national governments have a wide range of responsibilities, including education, transport, and law enforcement. They also have a degree of autonomy in policy-making and can pass laws and regulations within their jurisdictions.
In the UK, England stands out for its unusually centralised governing structure. Almost all tax revenues go to the central government, and local authorities are reliant on government grants. English sub-national governments have a limited role in economic development and are less involved in areas such as transport and healthcare compared to other countries.
However, there are calls for greater devolution of power in the UK, and some steps have been taken in this direction. For example, Scotland, Wales, and Northern Ireland have their own devolved administrations with varying degrees of legislative power. These sub-national governments have control over areas such as education, health, and transport within their respective nations.
While the specific structures and powers of sub-national governments in the US and the UK differ, both countries recognise the importance of decentralisation in governing. This trend towards decentralisation is also observed globally, with the World Bank supporting countries in transitioning political, administrative, and fiscal responsibilities to sub-national levels to strengthen democracy, transparency, and efficient service delivery.
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Frequently asked questions
Both the UK and the US have representative democracies with national governments divided into three branches: a legislature, an executive, and a judiciary. Both also have bicameral legislatures and Supreme Courts.
Both constitutions seek to serve the same purpose: to give power and legitimacy to local communities and to give voice to regional or nationalist pressures. They are both mechanisms for answering calls for government to be 'nearer to the people' and to attempt to overcome a tendency for power to become distant and disconnected.
The British and American Constitutions are similar in that they are both ultimately based on a very similar set of governing practices. For example, both include the presence of political parties and the impact of pressure groups.
The US Constitution is written and therefore harder to amend, whereas the British Constitution is unwritten, providing more flexibility to adapt to modern life. However, over time, the US has moved away from strict adherence to the text, and Britain has moved towards codification, resulting in more convergence between the two.
