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

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Last updated 9:28 PM on 6/12/26
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5 Terms

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Paragraph Focus

  • Para 1 = Codification

  • Para 2 = Conventions

  • Para 3 = Common Law

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Para 1 = US and UK Constitution

  • US

    • 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 eg. President power as commander in chief

  • UK

    • though not 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

  • this shows that codification is an important source for both constitution by clearly setting out powers and laws

  • this ensures…

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Para 2 = US and UK Constitution

  • US

    • there are some important unwritten conventions that form the US constitution such as the ability of a minority in the Senate to filibuster a piece of legislation

    • eg. Cory Brooker - 25hrs against Trump administration

  • UK

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

  • this shows that conventions are important sources of the constitution as they can influence the legislative process

  • this means

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Para 3 = US and UK Constitution

  • US

    • 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

  • UK

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

  • this shows that common law is an important source of both constitutions, assisting in the interpretation and implementation of the constitution

  • this ensures that the government works more effectively for the modern world and the individual rights are protected

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Comparative Theory

  • this can be explained by the structural theory

  • government authority in both systems is anchored in a constitutional framework that defines and limits how power can be exercised