Constitution: Nature
Political Studies: Edexcel A Level, topic 17.2.1
Codified and Uncodified Constitutions
The US and UK constitutions differ as the US Constitution is codified, but the UK Constitution is uncodified.
Constitutions
- The US Constitution was ratified in 1789 in a single document consisting of 7 Articles and 27 amendments.
- The UK has an uncodified constitution which has evolved over time.
US - codified
- The US has a codified constitution - the basis of US government and law is set out in a single document.
- Whilst it is written, the US Constitution has uncodified elements because it does not explicitly mention the Cabinet, the Executive Office of the President, judicial review or primary elections.
UK - uncodified
- The UK has an uncodified constitution - it is not written in a single document and has multiple sources.
- Although it is unwritten, parts of the UK Constitution are written, including statute law, Common Law and authoritative works which guide how the constitution operates.
Entrenched and Unentrenched Constitutions
The US and UK constitutions differ as the US Constitution is entrenched whilst the UK Constitution is unentrenched.
US - entrenched
- The US Constitution is entrenched, meaning it is difficult to change.
- Changing the US Constitution requires a supermajority of two-thirds in both houses of Congress in support of a constitutional amendment.
- The US Constitution entrenches rights that are difficult to amend, such as the right to bear arms.
UK - unentrenched
- The UK Constitution is unentrenched and can be changed through an Act of Parliament passed by a simple majority in both Houses of Parliament.
- In the UK, parliamentary sovereignty means that no Parliament can pass a law that cannot be changed by future Parliaments.
- In 1997 Parliament passed the Firearms (Amendment) Act, which banned most handguns in the UK.
Test yourself on Constitution: Nature
How many amendments to the US constitution are there?
Which of these statements are true about the UK and US Constitutions?
What is required to pass a Constitutional amendment in the USA?