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Paragraph Focus
Para 1 = Codification
Para 2 = Conventions
Para 3 = Common Law
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…
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
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
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