Compare the flexibility of the UK and US Constitutions.
In your answer you must make three points of comparison and reach an overall
conclusion. (8)
- One comparison that both the UK and US constitutions is that their core government power does get shared out. While the UK doesn’t spread its power as widely as the US and only give Scotland, Ireland, and Wales specific devolved power they share out their power. This is shown in source A, where it says, “the constitutional arrangements of the UK were radically re-organized as a result of the passage of the Scotland Act (1998) which resulted in the creation of then devolved Scottish Parliament.” This shows that over time the national government did decide to give certain powers and authorities to the joining countries meaning that they could have some control over their countries action. For example, the exam regime for Scotland was the same, GCSE’s, before they decided to replace them with a new system including National 5, Higher and Advanced Higher qualifications. This shows some similarity and a point of comparison towards the US constitution as they too technically devolve their main governments power to each one of the 50 states. This is proven in source B where it states, “The USA also has a federal system of government in which political power is divided between a national government and state governments, each having its own area of substantive jurisdiction.” This shows that the US separates certain powers to its 50 states as long as they abide to the Bill of Rights. This gives states to introduce their own laws and the power to tax, for example many republican states such as Alabama have decided to make abortion illegal.
- A furthermore comparison between both the British and American constitution is that both governments have the power to revoke or remove a law. In Britain this can be done via the house of commons where all 650 MPS vote on how they feel and id they want the bill to be removed. This is proven in source A where it mentions, “none of these statutes are properly entrenched as future Parliaments can alter or revoke them.” This shows that whatever government whether it be conservative, Labour, etc. Has the power to change or make adaptations to something that they feel no long fits the constitution such as when the government decoded to remove the law forbidding gay marriage to allow people to marry whomever they please. This is further shown in the US constitution therefore showing a comparison as a higher political and power holding authority is allowed to alter or remove laws and in the case of the US make amendments. This is stated in Source B where it says, “An amendment can be ratified either by three-quarters of the state legislatures or by state.” This shows an important comparison as this means that adaptations can only be made by the top of the political pyramid and that they are the only ones able to do this. However a further comparison is that both constitutions show that adaptations or removals can only be done if the government or court has a clear majority.
- A final comparison between the two, UK and US constitutions and their flexibility is that they both constitutions are based off of their key or core principles. While these principles may not be the same they do come down to the protection of their people. The UK is based off of the key ideology that the constitution it is supreme, this is shown in source A where it says, “The UK constitution is also based on the principle that the legislature is supreme or ‘sovereign’.” This is important and shows the flexibility of the British constitution as it means that no one is above the law. Furthermore this is important as the law is put in place to protect people under all articles stated in the Humans Right Act of 1998 therefore no one has the right to put any other person or being into harm or danger by breaking or double crossing the constitution and key principles. The comparison is shown for the US in Source B where it states, “This is because it is based on core liberal ideas such as freedom, rights and democracy which the framers saw as timeless and unalterable. These core principles determine many of the key features of the US political system such as the system of checks and balances.” This is important in showing the comparison and flexibility of the US constitution as like the British one the key principles are put into place so that every citizen is protected and safe and therefore prevents danger while still allowing basic human rights such as the freedom of speech. This allows both of the constitutions to base their laws off of their values in the best possible way to ensure safety for a majority as well as justice for those effected by anyone who double-crosses it while providing freedom.
- Overall upon immense further analysis to conclude both the UK and the US constitution are flexible to a certain extent and in ways do have many comparisons between both. However I believe that the UK constitution has the qualities to be the most flexible. This is due to it being a constantly adapting and adaptable constitution unlike the US Constitution which is much harder to amend. This therefore shows that If the public is unhappy, or if something acts against the Human Rights Act it is easily changed. While another point of argument may be that the US gives out much more power to all states I do not believe that this is necessary for the UK for it to be flexible as we are a small island with a much lesser population meaning that it is easy as well as convenient that power has only been devolved to the four countries that provide us with adequate decisions and new opposing laws.