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Explain the Advantages and Disadvantes of the British and American Constitutions

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Introduction

Explain the Advantages and Disadvantes of the British and American Constitutions No constitution is perfect, as it is impossible to satisfy everybody, so constitutions become a balance of philosophical ideas with practical applications. The Americans tend to be more liberal in their outlook hence after the American revolution they created a liberal codified constitution which deeply entrenched principles such as democracy, separation of powers and checks and balances. The British constitution has been allowed to evolve and is therefore more conservative. When the Americans created their constitution they had the benefit of consulting the British constitution, which perhaps suggests theirs should be better. However, I prefer the British Constitution as it sacrifices a degree of democracy that enables the government to act decisively and effectively. ...read more.

Middle

However tradition dictates that they would find it very difficult if not impossible to continue. There have been no modern examples of a breach of convention suggesting that it works. Another theoretical advantage is that constitutional law is entrenched and thus protected against the whims of temporary government, the drawback is that to become entrenched, legislation must be approved by two-thirds majority in both houses of congress and ratified by three quarters of state legislatives. This is a lengthy process meaning there have only been 27 constitutional amendments hence some commentators have branded the US constitution too rigid and inflexible. In Britain constitutional law is no different to normal acts of parliament meaning some people, especially liberals, to want a codified document to protect civil rights and liberties. ...read more.

Conclusion

For me the American system also puts too much power in the hands of the Judiciary which after all is an unelected body, for example the supreme court can declare any act or action of the executive or state government unconstitutional and, thereby, null and void, because it has the power to interpret the constitution which is sovereign. I prefer the British system whereby parliament is sovereign. In conclusion, I think both constitutions suit their state. It is important to remember the size of both states. Perhaps in a large state such as America what seems to me as unnecessary bureaucracy is necessary to safeguard principals whereas the relatively flexibility of the British constitution suits the nature of the British people. ...read more.

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