Final Review

Constitution: written, Rigid. Constitutional Supremacy. System prioritizes institutional inertia to prevent sudden, unchecked shifts in the legal order

USA

Constitution: Unwritten and Flexible. Legislative (Parliamentary) Supremacy. High stakes/risk reward. Change through ordinary legislation

UK

Which of these is NOT a source of the UK constitution

Parliamentary Supremacy Act 1705

Head of State/gov

Source of power: constitution

Cabinet relation: separate - no role

Term: fixed

US: Presidential

Head of state: Monarch

Head of Gov: PM

Source of Power: Derived from Parliament (Westminster)

Cabinet Relation: Fusion; drawn from Parliament

Term Stability: Flexible; subject to party/legislative support

UK: Parliamentary

Separate Executive: Receives power directly from the Constitution, and mems of the Cabinet are indivs with no formal relationship to the legislature

US

Westminster Model: “fusion of powers” all Ms are drawn from Parliament. PM rarely mentioned in statute. “constitutional convention.” Monarch formally appoints the indiv best able to “command a majority of the HoC” - typically largest party leader

UK

intended to prevent concentration of authority

Separation of Powers

Ensures the executive dominates the legislative agenda.

Fusion of Powers

Structured to mirror party strength in the Commons, ensuring a guaranteed government majority. Eliminates the “veto players” common in the US system, where weaker party discipline and a powerful upper house often lead to policy stagnation.

Public Bill Committees

Resolves disputes and applies the law, serving as a strategic insulator for individual liberty against political whim

Judiciary

Introduced a modern complication to supremacy.