Comparing the USUK Constitutions

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• Comparing the US/UK Constitutions

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Section 1 What is a Constitution?

• A Constitution is a code of rules laying down
  both the framework and powers of the government
  and the relationship between that government and
  the governed.

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• The American Constitution emerged from the smoke
  and gunfire of a revolution. The British
  Constitution emerged from the mists of time.

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Design a constitution

• Republic or monarchy ?
• Prime ministerial or presidential ?
• How often should elections take place ?
• Which body has the final say over constitutional
  matters ?
• Who is the commander of the armed forces ?
• How are citizens rights to be protected

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• Everybody talks of the Constitution, but all
  sides forget that the Constitution is extremely
  well, and would do very well if they would but
  leave it alone.
• Horace Walpole, 1770.

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• Government without a constitution is power
  without a right.
• Thomas Paine, The Rights of Man (1795)

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Heywoods classification of Constitutions

• A- Form ( sources)
• B- Ease of amendment
• C- Degree to which it is observed
• D- Institutional structure

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Sources of the constitutions

• US one single document plus amendments.
  Judicial reviews made by the Supreme Court.
• UK statute and common law, conventions,
  constitutional experts.

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Whats required to change the constitution ?

• US- Two thirds majority of both houses of
  congress required plus three quarters of the
  legislatures of each state must approve an
  amendment.
• UK- The simple passage of a bill through both
  houses of parliament plus Royal Assent.
• BUT House of Lords can only delay a bill and
  the monarchs consent is merely a convention.
• Only restriction is that parliament cannot bind
  its successors, i.e cannot pass a law that cannot
  be repealed by a future parliament. Parliament is
  sovereign therefore it must always have the power
  to repeal laws passed by a previous parliament.

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To what degree are both constitutions observed ?

• The US Constitution is almost a sacred text
  held in high regard. Foreigners wishing to become
  US citizens must learn sections of it !
• The UK Constitution has survived over centuries
  because it has adapted to changing needs.
  However, the rise of presidential style
  government in the UK has eroded the concept of
  parliamentary sovereignty.
• Is the union of England and Scotland under threat
  ? Could be the biggest constitutional change for
  300 years.

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Institutional structure

• USA is a presidential system. They do not have a
  hereditary monarchy. However they have political
  dynasties
• The Kennedys
• The Bushes
• The Clintons ?
• USA is also a federal system but the power of
  the federal government over the states has
  increased enormously in the 20th Century.

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An American Dynasty the Kennedys
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The Kennedys Americas surrogate royal family ?
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John Kennedy Junior
Before his untimely death in plane crash in 1999,
John Kennedy Junior was seen by many as a
possible successor to the Kennedy political
dynasty.
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A new American Dynasty the Bushes
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Bill and Hillary the next dynasty ?
If Hillary wins in 2008 that would mean the
Clintons and the Bushes will have held the office
of President between their two families since
1988.
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Institutional structure

• The UK is a unitary state but devolution has
  eroded that concept since 1997.
• The UK is said to be a parliamentary system but
  the rise of party whips and presidential style
  government has eroded parliaments power at the
  expense of party leaders and PMs.
• EU supranational controls have further eroded
  parliaments sovereignty.
• The monarchy remains a convention but one that
  may not last another 100 years ?

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Summary table
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Debate

• The UK Constitution is out-dated and no longer
  works. A new codified version (based on the US
  model) should be adopted for the 21st Century.
  Discuss.
• One group will defend the UK constitution as it
  is and the other will argue for its reform.