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

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

The question requires us to see the difference between the UK and US constitutions of the political systems and then analyse whether there is actually a difference between the two. Constitution specifies the powers of the state and the institutions or offices, which have and excise state power. “A state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory” (Max Weber). There are two types of constitutions negative constitutions which goes beyond principles that are beyond people’s wishes this is common in the US constitution. Whereas the positive constitution is an example of the British constitutions constructed so that public wishes are kept. In the conclusion

After the independence the American leaders had to create a new national congress and known as the Constitutional Convention of 1787 however they had a starting point of using the British constitutional system .The differences between US and UK constitutions is that the US constitution is codified meaning that it is written, federal constitution which means authority of American government shared between Washington and the other states. Which operates according to the principles of federalism and separated institutions therefore there is a tri-partite division of power between executive, legislature, judiciary sharing power; both disperse and fragment government power. This therefore provides a decentralised political system and auntonomy is given to the state governent by the national government. As each state has its legislative authority on matters like tax and military etc.The United Kingdom is often said to have no constitution, known as an unconfined, unitary constitution. There is no written constitution like the US it consists of common law statues and constitutional conventions. Whereas in the UK the local government don’t have a lot of control they just merely follow the Westminster rules. The new assembled Welsh Assembly, Scottish Parliament and Greater London Assembly have been very little power by the Westminister compared to American states. However “The unitary state was challenged by the creation of elected assemblies in Scotland,Wales and Northern Ireland.In Scotland,the new Parliament was given power to legislate on nay matter resrved by the UK parliament”[1].Shows that they are different however the Britain is moving to being a federal state for example the Scottish Parliament can start to decide its standard rate of tax.

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The American constitution consists of a Bill of Rights which compromises of 10 amendments in 1971 which gives its citizens the freedom of speech, press and religion where as Britain has no Bill of Rights. Friedrich (1937) believed a constitution should be “a system of effective regularised restraints on government action, therefore should be a statement of individual rights”[2].Its saying should there be a all constututions have Bill of Right?Suggesting that British should have a Bill of Rights..However the American consitution is not definite state law is still binding.Britain does not have any national civil rights over its citizens ...

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