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.

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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.
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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.
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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.

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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’.
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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

1Democracy & Participation

2Political Parties

3Electoral Systems

4Voting Behaviour & the Media

5Conservatism

6Liberalism

7Socialism

8The UK Constitution

9The UK Parliament

10The Prime Minister & the Executive

11Relationships Between Government Branches

12US Constitution & Federalism

13US Congress

14US Presidency

15US Supreme Court & Civil Rights

16US Democracy & Participation

17Comparing Democracies

18Feminism

19Nationalism

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