maria
Examine the ways in which the US and UK constitutions are similar (12)
One similarity between the US and UK constitution is their provisions, as both provide systems
of government that are representative democracies. This is a type of democracy founded on the
principle of elected officials representing a group of people, as opposed to direct democracy,
where people directly decide on policy initiatives. Both national governments are also divided
into three branches- the legislature, executive and judiciary- operating as checks and balances
on each other, in order to avoid tyranny. They both also have a bicameral legislature, with the
US having the House of Representatives and the Senate making up Congress, and the UK
having the House of Commons and the House of Lords making up Parliament. This also creates
checks and balances within the legislature, avoiding tyranny and protecting civil rights/liberties.
In addition, both have an impartial Supreme Court to make fair decisions on the actions of
government, as well as fixed-term elections and sub-national governments, devolving power
from the central government to give more power to the people by having more local
representation. These are all ways to stop the government from having too much power and
protect citizens from tyranny. Therefore, the provisions in both constitutions aim to protect
citizens rights by preventing a tyranny of government.
Another similarity between the constitutions is devolution and federalism. Both allow for regional
and sub-national forms of government to have their own powers. For example, the Scottish
parliament can pass laws on education and healthcare, whilst individual US states also have
responsibility in these areas. As a result of this, there is internal tension in both countries
between central and regional governments. The reasons for devolution are also similar to those
of Federalism- they both express a desire to respond effectively to local needs and therefore
brings the government closer to the people and protects their rights. The gradual transfer of
power from Parliament to the Scottish parliament and the Welsh assembly has become more
reflective of the federal system of America. In both the US and the UK, there have been
movements for devolved regions/states to gain independence. For example in the Scottish
Independence referendum 2016 and in states such as Texas and California, there have been
movements and organisations in support of seceding from the United States. In the pandemic of
2020, devolved/state governments could implement local lockdowns and different COVID-19
policies. Devolution in the UK has expanded to the point that it can be described as a quasi-
federal state.
A third similarity between the constitutions is the separation of powers between the three
branches of the executive, judiciary and legislature. The US has entirely separated powers,
where no one from Congress can be in the executive and vice versa. Also, the President can't
prematurely end congress and call new elections, or remove members of the executive. The UK
separated their powers with the Constitutional Reform Act (2005) which set up the independent
Supreme Court, replacing the Law Lords in the House of Lords from serving. It also reformed
the job of the Lord Chancellor, preventing them from serving in all three branches of
government as well as creating an independent Judicial Appointments Commission to
recommend judicial appointments to the Secretary of State for Justice, removing the House of
Lord’s power to consider judicial repeals. Therefore, the UK has separated their powers to a
greater extent, reflecting the US’ constitution further.
Examine the ways in which the US and UK constitutions are similar (12)
One similarity between the US and UK constitution is their provisions, as both provide systems
of government that are representative democracies. This is a type of democracy founded on the
principle of elected officials representing a group of people, as opposed to direct democracy,
where people directly decide on policy initiatives. Both national governments are also divided
into three branches- the legislature, executive and judiciary- operating as checks and balances
on each other, in order to avoid tyranny. They both also have a bicameral legislature, with the
US having the House of Representatives and the Senate making up Congress, and the UK
having the House of Commons and the House of Lords making up Parliament. This also creates
checks and balances within the legislature, avoiding tyranny and protecting civil rights/liberties.
In addition, both have an impartial Supreme Court to make fair decisions on the actions of
government, as well as fixed-term elections and sub-national governments, devolving power
from the central government to give more power to the people by having more local
representation. These are all ways to stop the government from having too much power and
protect citizens from tyranny. Therefore, the provisions in both constitutions aim to protect
citizens rights by preventing a tyranny of government.
Another similarity between the constitutions is devolution and federalism. Both allow for regional
and sub-national forms of government to have their own powers. For example, the Scottish
parliament can pass laws on education and healthcare, whilst individual US states also have
responsibility in these areas. As a result of this, there is internal tension in both countries
between central and regional governments. The reasons for devolution are also similar to those
of Federalism- they both express a desire to respond effectively to local needs and therefore
brings the government closer to the people and protects their rights. The gradual transfer of
power from Parliament to the Scottish parliament and the Welsh assembly has become more
reflective of the federal system of America. In both the US and the UK, there have been
movements for devolved regions/states to gain independence. For example in the Scottish
Independence referendum 2016 and in states such as Texas and California, there have been
movements and organisations in support of seceding from the United States. In the pandemic of
2020, devolved/state governments could implement local lockdowns and different COVID-19
policies. Devolution in the UK has expanded to the point that it can be described as a quasi-
federal state.
A third similarity between the constitutions is the separation of powers between the three
branches of the executive, judiciary and legislature. The US has entirely separated powers,
where no one from Congress can be in the executive and vice versa. Also, the President can't
prematurely end congress and call new elections, or remove members of the executive. The UK
separated their powers with the Constitutional Reform Act (2005) which set up the independent
Supreme Court, replacing the Law Lords in the House of Lords from serving. It also reformed
the job of the Lord Chancellor, preventing them from serving in all three branches of
government as well as creating an independent Judicial Appointments Commission to
recommend judicial appointments to the Secretary of State for Justice, removing the House of
Lord’s power to consider judicial repeals. Therefore, the UK has separated their powers to a
greater extent, reflecting the US’ constitution further.
