Examine/Analyse the Similarities Between the Sources of the US and UK Constitution

Paragraph Focus

• Para 1 = Codification

• Para 2 = Conventions

• Para 3 = Common Law

Para 1 = US Constitution

• the US constitution is codified in one single document, which sets out the structure and rules of the whole political system of the United States

Para 1 = UK Constitution

• though nit all codified in a single document, key parts of the UK constitution are also written down in the statute laws passed by Parliament

• et. the HRA 1998 is an important part of the constitution relevant to rights protection

Comparative Theory

Para 2 = US Constitution

• there are some important unwritten conventions that form the US constituiin

• this is due to the fact that the US constitution is a short document that doesn’t set out every detail of how politics should operate

• for example, the ability of a minority in the Senate to filibuster a piece of legislation eg. Cory Brooker - 25hrs against Trump administration

Para 2 = UK Constitution

• conventions form an important part of the UK constitution

• eg. Salisbury Convention - that the House of Lords doesn’t block anything in a government’s manifesto

Para 3 = US Constitution

• common law is a very important aspect of the US constitution, with SCOTUS interpretation of the constitution having a significant impact on how it is implemented

• this can be seen in District of Columbia v Heller (2008), in which SCOTUS interpreted the second amendment as protecting in individual’s right to carry a firearm for self defence

• this influences how he constitution is implemented

Para 3 = UK Constitution

• common law is also legal principle of the UK constitution relevant to

• they are laid down by judges in their rulings which provide precedents for later judgements

• eg. in Miller v Prime Minister (2019) SCOTUS set out the legal precedent that the government couldn’t prorogue Parliament. ti thwart parliamentary scrutiny