• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

"An emphasis upon the differences between the UK and US constitutions neglects their more fundamental similarities." Discuss.

Extracts from this document...

Introduction

16.12.2004 "An emphasis upon the differences between the UK and US constitutions neglects their more fundamental similarities." Discuss. The constitution of a state, at its most basic, can be described as the fundamental principles from which it is governed, usually defining how power is split up within it and thereby constructing a framework within which it operates (www.oed.com). In this essay, I will first provide a brief summary of the UK and US constitutions and then attempt to outline the key differences and similarities between the two and discuss whether the differences really do pale in comparison with the fundamental similarities. Queen Elizabeth the 2nd once said, "The British constitution has always puzzled me" (Hennessy, 1996) and this certainly becomes understandable when studying it. The traditional UK constitution is un-codified. This means that it lacks the primary source of a clear written document and is derived solely from four sources- statute law (laws made and passed by the government), common law (legal principles which have been developed and applied by the courts), conventions (rules of behaviour which are considered binding by those who operate the constitution) and works of authority (these are written works used for guidance on aspects of the constitution) (Jones et al., 2004). Statute law has precedence over the other three sources. The traditional constitution is therefore based upon four essential components; 1.parliamentary sovereignty, which makes parliament the supreme law making body and gives it the absolute legal right to make the laws it chooses, 2. ...read more.

Middle

In the US, there is certainly a strong sense of attachment by the people to their institutions and constitution which arguably is not as obvious in the UK. The fact that the UK constitution is not a clear document and is derived from different sources may well attribute to this. Other differences are to be found in the flexibility of both constitutions. In the UK, the constitution can be changed by parliament passing a law. In the US amending the constitution is a lot harder, as substantial majorities are needed in Congress and in the individual states to amend the constitution. This is why there have only been 27 amendments in total, with only 17 of them in the last 200 years, an astonishing figure at first sight (Singh, 2003). Although this may seem inflexible, the constitution has been able to adapt to the major changes and developments in the USA over the last 217 years by the 'informal changes' mentioned before. An example of this was seen in the cases dealing with segregation, which the Supreme Court first ruled as being compatible with the constitution (1896) and then ruled as incompatible (1954). Here we see that both the UK and US constitutions are flexible but acquire their flexibility from different sources. Powers are separated differently in both constitutions. ...read more.

Conclusion

One has to say, though, that most of these differences are not in the ideology upon which the constitutions are based but often more on a technical level. For example, it does seem logical that the USA would be a more federal country than the UK due to the sheer size of the place. California, for example, has more than half the population of the UK (www.statistics.gov.uk, www.usgovinfo.about.com). Fundamentally, though, it has to be said that the constitutions are based upon similar ideas. Both, ultimately, are based upon the ideology of democracy, avoiding tyranny and protecting the individual's rights. Most parts of the US Bill of Rights, for example, can be found in various acts passed by the UK parliament, like the 1679 Habeas Corpus act which forbids imprisonment without a trial (www.history.uk.com). The ideological similarities become very clear when one compares either constitution to one of a totally different form of government. An Islamic Republic like Iran, for example, has a constitution which states that "The Islamic Republic is a system based on belief in... the One God ... His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands" (www.iranonline.com/iran/iran-info/Government/constitution-1.htm). This is a huge difference to anything in the UK or US constitution and, coming back to the title of this essay, the fact that there is not such a major difference like this between the two shows that yes, both the US and the UK constitution certainly do have fundamental similarities. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level United States section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level United States essays

  1. Marked by a teacher

    "The Main Difference Between the UK And US Constitution Is That One Is Flexible ...

    4 star(s)

    The President can propose legislation but a member of Congress can only insert it. The President can Veto a piece of legislation passed by Congress and thus block it. But if it gains a two-thirds majority in both houses it can be passed anyway.

  2. Federalism essay

    Of course, it is very difficult to define federalism. It is given that it is a Constitutional concept where authority is geographically divided, and the US Constitution is taken as a model. There is naturally the problem of the difference between what is laid down on paper and what actually happens.

  1. What are the differences between the Judiciary in the UK and the US?

    The power of 'judicial review' that is granted to the courts (established after Marbury vs Madison) means many believe that the SC often make law. An example of the Supreme Court using judicial review is when they declared segregation of schools unconstitutional in the Brown vs. Education board of Topeka.

  2. US pressures groups are undemocratic, discuss

    Firstly, to begin, many argue that pressure groups are inherently undemocratic, due to the revolving door syndrome. This is the terms used for when pressure groups work through professional lobbyists who are former members of congress or former congressional staff members.

  1. '9 politicians sitting on a bench.' Critically evaluate this description of the US Supreme ...

    Again this is evidence of the politicised nature of the nomination process, which provides further evidence that Supreme Court justices act as politicians. All of the criticisms made about the nominees above sound more like criticisms of a candidate running for political office.

  2. Critically analyse the appointment and confirmation process for nominees in the US Supreme Court

    Clarence Thomas described the process as a ?high tech lynching? and continued ?I have heard enough lies. Today is not a day that in my opinion is not high among the days of our country. This is a travesty. You spent the entire day destroying what it has taken me

  1. Assess the view that the US Constitution often ensures limited government

    Brown v Board of education, following Arkansas?s Governor Orval Faubus call for the state National guard to block black student?s entry to the school[7].This demonstrates that no one branch can do anything by itself, and therefore, the separation of powers, upheld by the constitution, means that government is limited in what it can do.

  2. Recent reforms have brought the UK and US closer constitutionally. Discuss.

    The 2000 Act gave individuals a general right to access any personal information held on them by public bodies, with the exemptions of information being held to protect national security or public safety. In effect, this restricted the power of the State and subsequently enhanced the rights of citizens.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work