‘The US Constitution is more rigid and inflexible than that of the UK.’ ‘Federalism and devolution operate in similar ways in the UK and the USA.’ Analyse and evaluate
Analyse and evaluate this statement. this statement.
The constitution is sovereign → Supreme Court has the power to interpret the Federalism is an entrenched principle of US constitution vs devolution in the UK was adopted by
supreme court → This gives the Supreme Court the power to amend the parliamentary statute
constitution through interpretation. → undermines the inflexible and rigid Devolution changed from a unitary framework to ‘quasifederal’. This implies that it combines elements
nature of the US constitution of both a unitary state and a federal state. The UK remains unitary since ultimate sovereignty still lies
EVIDENT IN → Brown v. Board of Education (1954) → The Supreme Court ruled with Westminster. Tenth Amendment - cannot be repealed easily due to rigid nature of consitution. All
that racial segregation public schools are unconstitutional. The Supreme Court powers not delegated ‘are reserved to the States respectively or to the people’.
declared separate educational facilities are inherently unequal → The Supreme Parliamentary statute - NI suspended from 2017 to 2020 – absence of government.
Court helps the constitution evolve to cater to modern day society. Counter: devolution could not be removed due to public opinion - The Scotland Act 2016 -
Whereas, Parliament is sovereign → the Constitution is what the Westminster
Westminster cannot legislate in devolved matters without consent - acknowledging that the devolved
Parliament choose it to be
institutions are permanent not temporary political fixtures.
The nature of the US constitution highlights the differences in the formal
US states have more law making powers as their powers come from the constitution whereas in UK
amendment process → The founding father deliberately made the constitution
hard to amend to prevent judicial tyranny → Requires supermajority in Congress from parliament.
and state legislatures Death penalty – it is legal, for example in Texas, to put people in death row whilst it isn’t in other
- The Bill of rights ratified in 1791 → since then only 17 amendments have states. Further, conservative states such as North Dakota and Arkansas, have tightly restricted abortion
passed → shows the rigid and inflexible nature of the Constitution → as these laws – making it illegal (in ND) with exceptions (A).
entrenched rights cannot be challenged unless the majority agrees with it Whilst UK devolved assemblies have limited powers as they can’t have a say over ‘reserved matters’ -
promotes the majority of views being heard on amendments. Whereas, the defence, foreign affairs, trade and immigration – Westminster. NI Assembly has fewer powers – lacks
unentrenched nature of the UK Constitution makes Acts of Parliament easy to major tax-raising powers although corporation tax was devolved in 2015 and devolved assemblies not
alter → Proposed bills more likely to pass through as they simply require a vote given role in Brexit.
from Parliament and a royal assent → the amendment process easier than that However, growing legislative divergence in UK, top earners pay more income tax in Scotland while
of the UK university students pay far higher tuition fees in England. However, US has seen greater reach of
fOR example, the House of Lords Act (1999) removed all but 92 hereditary peers central or federal government recently. Major federal initiatives in health care and education have
The differences in the formal amendment process of the US and UK, emphasises reduced autonomy of the states – New Deal 1930s and WWWII – 1950-60 racial inequality.
the inflexible and rigid nature of US constitution as it is harder to pass through US states decide electoral systems they use, becoming more frequent in UK too. Scotland and Wales
legislations and amendments compared to the UK. use the AMS system for assembly elections, whilst NI uses STV.
The principle of checks and balances within the US further emphasises the rigid Devolution in the UK does not apply to the entire nation vs USA is uniformly governed by the federal
and inflexible nature of US Constitution → as it keeps each branch in check and system.
do not allow them to overexert power → Therefore, no drastic changes can pass Devolution in the UK does not apply to the entire nation but only to Scotland, Wales and Northern
through if they do not align with the Constitution
Ireland. There is asymmetry in the UK – calls for English parliament. PMBs proposing federal structure
The US constitution includes the Bill of Rights, in which the 2nd Amendment
of UK introduced in 2014 and there has been support for English parliament from leading figures in the
allows citizens to bear arms → President Obama proposing gun control
SNP such as former leader Alex Salmond.
legislation due to mass shooting and school shooting → Congress checked on
him and reject every single gun control propose he made → upholding the However, there has been city mayors (2020, there were 15 city mayors and 8 metro mayors).
Constitution → The US Constitution is not evolutionary as it doesn't provide By contrast, the USA is uniformly governed by the federal system and all 50 states enjoy legislative
solution to modern day problem as it is inflexible→ Therefore, uneasy to change equality. However, state laws must conform with both federal law and the Constitution. Hence many
compared to UK → UK constitution is flexible and adaptable → Unlike the US, state laws, such as abortion laws and those dealing with campaign finance, end up being challenged in
due to the UK entrenched laws they have the ability to react and be pragmatic the courts.
→ following shootings in the UK such as the Dunblane Massacre → The UK Failed attempt at English devolution through 2004 North east referendum 78% no.
prohibited guns in the Firearm Act 1968. The flexibility of the UK constitution
allows the constitution to evolve in a way that benefits the citizens.
Analyse and evaluate this statement. this statement.
The constitution is sovereign → Supreme Court has the power to interpret the Federalism is an entrenched principle of US constitution vs devolution in the UK was adopted by
supreme court → This gives the Supreme Court the power to amend the parliamentary statute
constitution through interpretation. → undermines the inflexible and rigid Devolution changed from a unitary framework to ‘quasifederal’. This implies that it combines elements
nature of the US constitution of both a unitary state and a federal state. The UK remains unitary since ultimate sovereignty still lies
EVIDENT IN → Brown v. Board of Education (1954) → The Supreme Court ruled with Westminster. Tenth Amendment - cannot be repealed easily due to rigid nature of consitution. All
that racial segregation public schools are unconstitutional. The Supreme Court powers not delegated ‘are reserved to the States respectively or to the people’.
declared separate educational facilities are inherently unequal → The Supreme Parliamentary statute - NI suspended from 2017 to 2020 – absence of government.
Court helps the constitution evolve to cater to modern day society. Counter: devolution could not be removed due to public opinion - The Scotland Act 2016 -
Whereas, Parliament is sovereign → the Constitution is what the Westminster
Westminster cannot legislate in devolved matters without consent - acknowledging that the devolved
Parliament choose it to be
institutions are permanent not temporary political fixtures.
The nature of the US constitution highlights the differences in the formal
US states have more law making powers as their powers come from the constitution whereas in UK
amendment process → The founding father deliberately made the constitution
hard to amend to prevent judicial tyranny → Requires supermajority in Congress from parliament.
and state legislatures Death penalty – it is legal, for example in Texas, to put people in death row whilst it isn’t in other
- The Bill of rights ratified in 1791 → since then only 17 amendments have states. Further, conservative states such as North Dakota and Arkansas, have tightly restricted abortion
passed → shows the rigid and inflexible nature of the Constitution → as these laws – making it illegal (in ND) with exceptions (A).
entrenched rights cannot be challenged unless the majority agrees with it Whilst UK devolved assemblies have limited powers as they can’t have a say over ‘reserved matters’ -
promotes the majority of views being heard on amendments. Whereas, the defence, foreign affairs, trade and immigration – Westminster. NI Assembly has fewer powers – lacks
unentrenched nature of the UK Constitution makes Acts of Parliament easy to major tax-raising powers although corporation tax was devolved in 2015 and devolved assemblies not
alter → Proposed bills more likely to pass through as they simply require a vote given role in Brexit.
from Parliament and a royal assent → the amendment process easier than that However, growing legislative divergence in UK, top earners pay more income tax in Scotland while
of the UK university students pay far higher tuition fees in England. However, US has seen greater reach of
fOR example, the House of Lords Act (1999) removed all but 92 hereditary peers central or federal government recently. Major federal initiatives in health care and education have
The differences in the formal amendment process of the US and UK, emphasises reduced autonomy of the states – New Deal 1930s and WWWII – 1950-60 racial inequality.
the inflexible and rigid nature of US constitution as it is harder to pass through US states decide electoral systems they use, becoming more frequent in UK too. Scotland and Wales
legislations and amendments compared to the UK. use the AMS system for assembly elections, whilst NI uses STV.
The principle of checks and balances within the US further emphasises the rigid Devolution in the UK does not apply to the entire nation vs USA is uniformly governed by the federal
and inflexible nature of US Constitution → as it keeps each branch in check and system.
do not allow them to overexert power → Therefore, no drastic changes can pass Devolution in the UK does not apply to the entire nation but only to Scotland, Wales and Northern
through if they do not align with the Constitution
Ireland. There is asymmetry in the UK – calls for English parliament. PMBs proposing federal structure
The US constitution includes the Bill of Rights, in which the 2nd Amendment
of UK introduced in 2014 and there has been support for English parliament from leading figures in the
allows citizens to bear arms → President Obama proposing gun control
SNP such as former leader Alex Salmond.
legislation due to mass shooting and school shooting → Congress checked on
him and reject every single gun control propose he made → upholding the However, there has been city mayors (2020, there were 15 city mayors and 8 metro mayors).
Constitution → The US Constitution is not evolutionary as it doesn't provide By contrast, the USA is uniformly governed by the federal system and all 50 states enjoy legislative
solution to modern day problem as it is inflexible→ Therefore, uneasy to change equality. However, state laws must conform with both federal law and the Constitution. Hence many
compared to UK → UK constitution is flexible and adaptable → Unlike the US, state laws, such as abortion laws and those dealing with campaign finance, end up being challenged in
due to the UK entrenched laws they have the ability to react and be pragmatic the courts.
→ following shootings in the UK such as the Dunblane Massacre → The UK Failed attempt at English devolution through 2004 North east referendum 78% no.
prohibited guns in the Firearm Act 1968. The flexibility of the UK constitution
allows the constitution to evolve in a way that benefits the citizens.
