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Comparative Theories and the UK-US Comparison

Comparing the UK and US constitutions

  • 3 things to know
  • Component 3

Overview

The nature and sources of the UK and US constitutions, amendment, sovereignty, checks and balances, US federalism against UK devolution and its asymmetry, the protection of states and devolved bodies, convergence between the systems, and the structural, cultural and rational explanations.

What you need to know

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Process

How do the sources of the UK and US constitutions differ?

Process

How does the location of sovereignty differ between the UK and US constitutions?

Process

How do the processes for amending the UK and US constitutions differ?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How do the UK and US constitutions differ in nature?

    Model answer

    The US Constitution is codified in a single document of 1787 and entrenched, while the UK constitution is uncodified and unentrenched, so it can be changed by an ordinary Act of Parliament.

  2. 2

    How do the sources of the UK and US constitutions differ?

    Model answer

    The US constitution rests on the 1787 document, its 27 amendments and Supreme Court interpretation; the UK's is drawn from statute law, common law, conventions, authoritative works and treaties.

  3. 3

    What similarities are there between the sources of the UK and US constitutions?

    Model answer

    Both rely partly on conventions and judicial interpretation: in the US, institutions such as the Cabinet and presidential primaries are not in the Constitution, and in both countries court rulings shape how constitutional rules are understood.

  4. 4

    How do the processes for amending the UK and US constitutions differ?

    Model answer

    A US amendment needs two-thirds of both houses of Congress and three-quarters of the states, so there have been only 27; the UK constitution changes by simple majority, as when the Fixed-term Parliaments Act 2011 was repealed in 2022.

  5. 5

    How does the location of sovereignty differ between the UK and US constitutions?

    Model answer

    In the UK, Parliament is legally sovereign and no court can strike down its Acts; in the US, sovereignty lies with the Constitution and the people, so every branch, including Congress, is bound by it.

  6. 6

    How do checks and balances differ between the UK and US systems?

    Model answer

    US checks are set out in the Constitution — the presidential veto, Senate confirmation, impeachment and judicial review of laws — while UK checks are largely political, such as Commons confidence votes, select committees and the Lords' power to delay, because Parliament's will cannot be overridden.

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Democracy and Participation
Political Parties
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ACitizens elect representatives to govern on their behalf.
BRepresentatives are accountable through free, regular elections.
CGovernment is carried out through parties and Parliament.

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Patriotism means attachment to one’s country.
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