17.2.1

Constitution: Nature

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Codified and Uncodified Constitutions

The US and UK constitutions differ as the US constitution is codified, but the UK constitution is uncodified.

Constitutions

Constitutions

  • The US constitution was ratified in 1789 in a single document consisting of 7 articles and 27 amendments added after.
  • UK has an unwritten constitution which has evolved over time.
US - codified

US - codified

  • The US has a codified constitution - the basis of all US government and laws of the land are in one document.
    • Whilst it is a written document, the US constitution has uncodified parts because it does not mention the cabinet, the Executive Office of the President, judicial review and primary elections.
UK - uncodified

UK - uncodified

  • The UK has an uncodified constitution - it is not written in a single document and has multiple sources.
    • Whilst it is unwritten, part of the UK constitution is written including Common Law, Acts of Parliament and authoritative works which are guides to how the constitution works.

Entrenched and Unentrenched Constitutions

The US and UK constitutions differ as the US constitution is entrenched whilst the UK constitution is unentrenched.

US - entrenched

US - entrenched

  • The US constitution is entrenched, meaning it is difficult to change.
    • Changing the US constitution requires a supermajority, which is over two-thirds of members, in both houses of Congress in support of the amendment.
    • The US constitution entrenches rights which are difficult to amend such as the ‘right to bear arms’.
UK - unentrenched

UK - unentrenched

  • The UK constitution is unentrenched and so it is easily changed through an Act of Parliament which is passed by a majority vote in both houses of Parliament.
  • In the UK Parliamentary sovereignty means that no parliament can pass a law that can't be changed by future parliaments.
    • In 1997 Parliament passed the Firearms Act which banned the use of handguns in the UK.
Jump to other topics
1

Democracy & Participation

2

Political Parties

3

Electoral Systems

4

Voting Behaviour & the Media

5

Conservatism

6

Liberalism

7

Socialism

8

The UK Constitution

9

The UK Parliament

10

The Prime Minister & the Executive

11

Relationships Between Government Branches

12

US Constitution & Federalism

13

US Congress

14

US Presidency

15

US Supreme Court & Civil Rights

16

US Democracy & Participation

17

Comparing Democracies

18

Feminism

19

Nationalism

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