Justice, Injustice and the US Constitution.

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Justice, Injustice and the US Constitution.

• Jeremy Lewis PhD, Huntingdon College, For
  presentations on Constitution and Citizenship
  Day, 20 Sep. 2005See www.Political-Science.org

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Triple citizen subject v national v citizen

• Born a UK subject
• Became a UK and EU citizen
• On 9/11 sought US citizenship
• Received US in 2002

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British Constitution my base

• Unwritten, uncodified constitution
• Charters Magna Carta, Bill of Rights
• Works of authority Coke, Blackstone, Dicey
• Tacit understandings role of PM
• Statutes Parliament Acts 1911 1949
• EU treaties and statutes

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Commonalities with US

• individual rights tradition
• Enlightenment
• independent judiciary
• common law, not code law
• bicameralism
• rise of PM and staff, public relations
• embourgeoisement decline of class-based politics

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Practices of British PoliticsQT shows
integration of powers

• PMQT shows integration of legislature and
  executive in HMG
• Oxford Union debating, gladiatorial
• PM confronted by MPs
• articulate ministers, well informed
• patronage power of the prime minister
• cabinet and shadow cabinet loyal Opposition
• front bench (ministers) versus backbench (MPs)
• Multi-party system with cross-benchers
• First Past the Post system favors Con Lab,
  disfavors Lib Dems

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Different practice in Britain

• uncodified constitution
• doctrine of parliamentary sovereignty
• no supreme court, no constitutional review
• not really bicameral
• figurehead monarchy
• flexible terms of office
• votes of no confidence
• cabinets collective responsibility
• ministerial responsibility resignation

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Justice as the goal of the state

• Platos Republic
• Aristotles Polis, and branches
• Magna Carta
• UK common law
• C18th Enlightenment liberty
• C19th socialist influence equality, fraternity

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Postwar welfare state consensus

• equality over individualism
• full employment over productivity
• fair shares for all
• no jumping the queue
• homes fit for heroes
• Butskellism (Butler Gaitskell)
• corporatism (tripartite economic discussions)

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1960s and 1970s, consensus declined

• Labour Conservative governments
• economic deterioration
• winters of discontent 1974 and 1979
• bloody-minded unions out of touch
  management
• Miners brought down Heath Tory government, 1974

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Constitutional Change in UK

• Nat. Inds., 11 of GDP, sold off, 84-87
• GLC abolished by statute, 1986
• EU Human Rights incorporated to UK
• Judicial Review nascent in UK and EU
• Lords reformed under Blair, 2000.

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American innovation, 1787

• written compact or constitution
• powers of Congress enumerated
• powers of President enumerated
• Bill of rights for citizens vs Federal Gov.
• no Established church
• elasticity in executive and judiciary
• necessary proper and commerce

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Shared powers or separated?

• jointly make Acts
• jointly make treaties
• initiate and declare war
• jointly appoint
• jointly tax
• confusion of responsibility for shared powers?

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Living constitution

• Due process gt affirmative action
• death penalty
• church state
• right to trial
• public morality