Jonah Patel
The US and UK Constitutions are the world's most popular constitutions, serving as models for numerous nations drafting their own. However, they differ in several key ways. The US Constitution is a codified document that sets out the rights of the American people and how the government should protect them. It is the 'supreme law', and power is split between three branches of government: the executive, legislative and judicial. The UK, on the other hand, has an uncodified constitution formed of Acts of Parliament, court rulings and traditions. Parliamentary sovereignty is the 'foremost and over-arching principle' of the UK constitution, meaning Parliament holds supreme power and can make or unmake any law without being limited by a constitution.
| Characteristics | Values |
|---|---|
| Written vs Unwritten | The US Constitution is a written document, enacted in 1789 and amended over time. It is a fixed, codified text. The UK, on the other hand, has an unwritten constitution, based on a collection of documents, laws, and practices, with some elements dating back to the 13th century. |
| Flexibility | The US Constitution is intentionally difficult to amend, requiring supermajority support and/or ratification by the states. This makes the US system stable but less adaptable. The UK's unwritten constitution is more flexible and can be changed through a simple majority vote in Parliament. |
| Federal vs. unitary | The US system is federal, with power shared between the federal government and the states. The UK is a unitary state, with power centralized in the national government in Westminster, although there is devolution to Scotland, Wales, and Northern Ireland. |
| Separation of Powers | The US Constitution establishes three branches of government (executive, legislative, and judicial) with separate and balanced powers, as outlined by Montesquieu. The UK system follows the fusion of powers model, with the executive branch (Prime Minister and Cabinet) drawn from the legislative branch (Parliament). |
| Bill of Rights | The US Constitution includes a Bill of Rights, the first 10 amendments, which guarantee individual freedoms and rights. The UK does not have a codified bill of rights, although it does have various laws and acts, such as the Human Rights Act 1998, that protect certain rights. |
| Judicial Review | In the US, the Supreme Court has the power of judicial review, allowing it to strike down laws that are unconstitutional. In the UK, the Supreme Court cannot overturn Acts of Parliament, but it can interpret laws and develop the common law. |
| Electoral Systems | The US Constitution, in part, outlines the country's electoral system, including the Electoral College for presidential elections. The UK constitution includes provisions for a parliamentary democracy, with elections based on the first-past-the-post system. |
| Constitutional Interpretation | US constitutional interpretation often involves originalism, textualism, and a focus on the Founding Fathers' intent. UK constitutional interpretation is more pragmatic and flexible, taking into account precedent, context, and political implications. |
| Influence | The US Constitution has had a profound influence on other constitutions worldwide, especially in the tradition of liberal democracy. The UK's unwritten constitution has also influenced other countries, often former colonies, to adopt similar systems. |
| Constitutional Crisis | Both countries have experienced constitutional crises, but they take different forms. The US has had crises over presidential power (e.g., Watergate) and civil rights. The UK has had crises related to the role of the monarchy and, more recently, over Brexit and the role of the judiciary. |
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What You'll Learn
- The US Constitution is a written document, the UK's is unwritten
- The US Constitution is rigid and hard to amend, the UK's is flexible
- The US has a presidential system, the UK has a parliamentary system
- The US has a two-party democracy, the UK has a multi-party system
- The US has federalism, the UK has devolution
The US Constitution is a written document, the UK's is unwritten
The US Constitution is a written document, whereas the UK's constitution is unwritten. The US Constitution is the "supreme law" of the United States, a set of rules that everyone lives by. It is a single document that sets out the rights of the American people and establishes how the country should be governed.
In contrast, the UK's constitution is not a single document but a collection of different sources, including Acts of Parliament, court rulings, and traditions. It is a working constitution that has evolved over time and is not entrenched in a single document. The UK constitution is flexible and can be altered relatively easily, reflecting a pragmatic approach to governance.
The US Constitution establishes a presidential form of government, with the President as the Head of State and the executive head. On the other hand, the UK has a parliamentary system based on a constitutional monarchy, with the Queen as the ceremonial head of state but not the executive head. The UK's system of devolution also differs from the US's federalism, with power delegated to local governments within the UK.
The UK's unwritten constitution reflects a tradition of parliamentary sovereignty, where ultimate power and control reside with Parliament rather than the people, as in the US. This means that the UK Parliament can make or unmake any law without being limited by a constitution, a power that sets it apart from other legislative bodies.
The US Constitution, being a written and codified document, is more rigid and challenging to amend. Any changes require a proposal by two-thirds of the Senate and House members and subsequent ratification by three-fourths of the total members. In over 200 years, there have only been 27 amendments to the US Constitution.
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The US Constitution is rigid and hard to amend, the UK's is flexible
The US Constitution is a written document that sets out the rights of the American people and what the government should do to protect them. It is the most important document in the country and is considered the 'supreme law'. In contrast, the UK does not have a single constitutional document. Instead, the UK's constitution is spread across various sources, including Acts of Parliament, court rulings, and traditions. This makes it more challenging to identify and understand.
The US Constitution is known for its rigidity and the difficulty in amending it. The process of amendment requires proposals by two-thirds of the Senate and House of Representatives members, followed by ratification by three-fourths of the total members. In over 200 years, there have only been 27 amendments to the US Constitution. On the other hand, the UK's constitution is flexible and can be amended without a rigid process. It can be altered by a simple majority vote in Parliament, like any other legislation. This ease of amendment has led to frequent changes in the UK's constitution over time.
The US Constitution establishes a presidential form of government with a strong separation of powers. The President is the executive head, while Congress leads the legislative branch, and the Supreme Court presides over the judicial branch. Each branch operates independently and serves as a check on the others. In the UK, however, there is a parliamentary system based on constitutional monarchy. While the Queen is the head of state, she is not the executive head, as the country is governed by a multi-party system.
The UK's uncodified constitution has been praised for its adaptability. Its flexibility allows for a pragmatic approach, enabling the government to try different approaches, test them, and develop optimal solutions over time. This adaptability has allowed the UK to modify its constitution frequently to respond to changing circumstances.
The differences in the amendability of the two constitutions result from their distinct natures. The US Constitution is a codified document, meaning its laws are entrenched and not easily changed. In contrast, the UK's constitution is uncodified, lacking a clear concept of a 'higher law'. This means there is no distinction between constitutional law and regular law, and amendments can be made through simple majority votes in Parliament.
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The US has a presidential system, the UK has a parliamentary system
The US Constitution is a written document that sets out the rights of the American people and establishes a presidential system of government. It consists of seven articles, 27 amendments, and a preamble, outlining the federal system that divides power between the legislative, executive, and judicial branches. The President is the executive head and leads the government as the Commander-in-Chief of the military. Congress, at the top of the legislative branch, is responsible for making laws, while the Supreme Court, the highest judicial body, interprets the laws and ensures they align with the Constitution. This system of checks and balances allows each branch to scrutinize and prevent the misuse of power.
In contrast, the UK has an unwritten constitution, a compendium of traditions, Acts of Parliament, court rulings, and conventions that collectively form a working constitution. Unlike the US, the UK has a parliamentary system based on constitutional monarchy, with Parliament holding sovereign power. The Queen is the head of state but not the executive head, as she reigns but does not rule. The UK's constitution is flexible and can be amended or repealed by a simple majority vote in Parliament without a rigid or entrenched process.
The UK's political system differs from the US in the separation of powers. While the US Constitution emphasizes the independence of the three branches of government, the UK's legislative, executive, and judiciary branches are not constitutionally equal and can interfere with each other's functions. The UK also has a multi-party system, in contrast to the two-party democracy in the US.
The US Constitution is considered the 'supreme law', and any changes require additional requirements, making it challenging to amend. On the other hand, the UK's constitution lacks a clear concept of a 'higher law', and there is no distinct process for amending constitutional laws versus regular laws. This flexibility allows the UK's constitution to adapt to changing circumstances, fostering a pragmatic approach to governance.
The US Constitution, with its emphasis on federalism, ensures power is shared between the central government and local state governments. In contrast, the UK's system of devolution delegates power from the central government to local governments in nations like Scotland and Wales, allowing them to have their own parliaments and leaders.
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The US has a two-party democracy, the UK has a multi-party system
The US Constitution is a written document that sets out the rights of the American people and establishes rules for how the country should be governed. It consists of seven articles, 27 amendments, and a preamble. On the other hand, the UK does not have a single constitutional document; instead, its constitution is spread across various sources, including Acts of Parliament, court rulings, and traditions. This unwritten constitution establishes parliamentary sovereignty, meaning that Parliament holds supreme power and can make or unmake any law without being limited by a constitution.
One key difference between the two countries' political systems is that the US has a two-party democratic system, while the UK has a multi-party system. In the US, the President is the head of state and the executive head, leading the government and serving as Commander-in-Chief of the military. The US Constitution establishes a federal system that divides power between the legislative, executive, and judicial branches, with a system of checks and balances to prevent the exploitation of powers.
In contrast, the UK has a constitutional monarchy with a parliamentary system. The British Queen is the head of state but not the executive head, as she reigns but does not rule. While the UK also has legislative, executive, and judicial branches, the concept of separation of powers is not absolute due to the presence of checks and balances. The UK's political discourse is generally free from the open criticism and arguments seen in the US, where politicians in both Houses may render the actions of other members unconstitutional.
The US Constitution is rigid and challenging to amend, requiring a proposal by two-thirds of the Senate and House members and subsequent ratification by three-fourths of the total members. In contrast, the UK's unwritten constitution can be altered more easily, with no special procedures required. This flexibility allows the UK to take a pragmatic approach, adapting its constitution to changing circumstances.
The differences between the US and UK constitutions become evident in situations like Brexit. While the UK Parliament could technically ignore the people's vote for Brexit, the US Congress would never dare to go against the will of the people to such an extent. These constitutional differences reflect the unique historical contexts and values of each country.
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The US has federalism, the UK has devolution
The US Constitution is a written document, whereas the UK does not have a constitution in this sense. The UK's constitution is a collection of traditions and court rulings that establish a working constitution. The US Constitution is rigid and hard to amend, requiring a proposal by two-thirds of the Senate and ratification by three-fourths of the total members. In its over 200-year history, there have only been 27 amendments. The UK's constitution, on the other hand, is unwritten and can be amended without a rigid process.
The US Constitution establishes a federal system, dividing power between the legislative, executive, and judicial branches of government. In the US system, the President is the Head of State and the executive head. The UK, however, has a parliamentary system based on constitutional monarchy, with the Queen as the head of state but not the executive head. While the US Constitution provides for a two-party democracy, the UK has a multi-party system.
A key difference between the two countries lies in the concept of federalism in the US versus devolution in the UK. Federalism in the US involves dividing power between the federal government and the states, with the states having guaranteed powers under the Constitution. Devolution in the UK, on the other hand, involves transferring powers from the central government to subordinate regional or local governments, such as Scotland, Wales, and Northern Ireland. These devolved powers may be temporary and reversible, ultimately residing with the central government.
The US Constitution provides for a system of checks and balances, allowing different branches of government to interfere in each other's functions to prevent the exploitation of powers. In the UK, the three organs of government—the legislature, executive, and judiciary—are independent of each other.
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Frequently asked questions
The US Constitution is a written document that acts as the 'supreme law' and outlines the rights of the American people. The UK, on the other hand, does not have a single constitutional document and instead has an unwritten constitution formed of Acts of Parliament, court rulings, and traditions.
Parliamentary sovereignty means that, in the UK, Parliament is the ultimate power and holds the authority to make and abolish laws without being limited by a constitution. In the US, the constitution is the ultimate power, and it is to this that disputed laws are referred.
The US Constitution divides power between three branches of government: the legislative, executive, and judicial. This system of checks and balances means that each branch can scrutinise the others and prevent the exploitation of power.
The US Constitution is rigid and very hard to amend. Any amendments must be proposed by two-thirds of the Senate members and members of the House of Representatives, and then ratified by three-fourths of the total members. In the UK, there are no special procedures for changing the constitution.
The UK's unwritten constitution is praised for its flexibility, allowing for a pragmatic approach where different things can be tried, tested, and developed over time.
