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examine the significant differences between the US and Uk constitutions (12)/Q/A
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examine the significant differences betweenthe US and Uk constitutions (12)/Q/A
examine the significant differences between the US and Uk constitutions (12)
- -1. codified v uncodified
2. separation of powers v fusion of powers
3. checks and balances v limited checks
-In the US, the constitution is codified. (1.1) - -this means that it was written
in a singular document by the founding fathers when the United States of
America was founded.
it was intended to prevent tyranny, as America had just declared
independence from tyrannical British rule.
This means that it includes separation of powers and checks an balances on
the different branches in order to prevent another tyrannical rule or an
elective dictatorship.
-however, in the Uk, the constitution is uncodified. (1.2) - -This means that
it is not written in a single document, but acts as a culmination of all laws
and acts passed by government. its origin can be traced to the Magna Carter
1215, which introduced the first form of governmental power in the Uk,
devolved from the monarch.
this means that there is no enforced separation between the branches of
government, and very little checks between branches.
-In the US, the constitution sets out a clear separation of powers between
each branch of government. (2.1) - -This means that the legislative and
executive branches, in the form of congress and the presidential office,
remain separate. this is because, as Montesquieu stated, if the executive and
legislative are fused 'no one has freedom' due to the extensive power that
the branch would hold.
The judiciary acts as a mediator, or as Chief Justice Roberts called it, the
'umpire'.
this separation of powers, along with the checks and balances ensures that
no branch can culminate too much power or authority and form an elective
dictatorship
-However, in the Uk, while the Judicial branch does exist separately from the
legislative and executive, the PM resides as the head of the legislative and
executive as their powers are fused. - -This is because the PM is the head of
the majority party, and can therefore pass his bills though parliament easily
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