Assignment Of Comparative study Topic: Difference between UK and USA constitution Submitted by: Ghulam Mujtaba To: Sir Talha LLB (Hons) 1st sem. Roll No. 3280 GCUF. Difference between UK and USA constitution.. Constitution of the United States: The Constitution of the United States is the supreme law of the United States of America. It is the framework whereby the People of the United States, through elected representatives, have established the delegated powers and limitations of the United States government with respect to the citizens, the states, and all those within the United States. The Constitution of the United States comprises the primary law of the U.S. Federal Government. It also describes the three chief branches of the Federal Government and their jurisdictions. In addition, it lays out the basic rights of citizens of the United States. The Constitution of the United States is the oldest Federal constitution in existence and was framed by a convention of delegates from twelve of the thirteen original states in Philadelphia in May 1787, Rhode Island failing to send a delegate. The Constitution is the landmark legal document of the United States. How To Amend the US Constitution? To Propose Amendments: In the U.S. Congress, both the House of Representatives and the Senate approve by a two-thirds supermajority vote, a joint resolution amending the Constitution. Amendments so approved do not require the signature of the President of the United States and are sent directly to the states for ratification. Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.) To Ratify Amendments: Three-fourths of the state legislatures approve it Ratifying conventions in three-fourths of the states approve it. This method has been used only once to ratify the 21st Amendment repealing Prohibition. The Supreme Court has stated that ratification must be within "some reasonable time after the proposal. Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification. In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was 7 years, but there has been no determination as to just how long a reasonable time might extend. Of the thousands of proposals that have been made to amend the Constitution, only 33 obtained the necessary two-thirds vote in Congress. Of those 33, only 27 amendments (including the Bill of Rights) have been ratified. Constitution of the United Kingdom: The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed. There are three areas of government legislature, that is the law-making power, executive, that is the law-enforcing power, judiciary, which determines the law History of the Constitution of the United Kingdom: The History of the Constitution of the United Kingdom is a story that begins before the creation of the United Kingdom itself and continues to the present day. The UK constitution is not in a single, written document, but is drawn from legislation, treaties, judicial precedents, convention, and numerous other sources. Royal role A historic feature of the UK constitution, the Royal Prerogative gives the Crown (the monarch) special powers, including the power to declare war, to make treaties, to pardon criminals, and to dissolve Parliament. Today the role of the monarch in such matters is largely ceremonial, but the Royal Prerogative gives considerable powers to government ministers acting on the Queen's behalf. The single most important principle of the UK constitution is that of parliamentary sovereignty. Under this principle, Parliament can make or unmake any law on any subject whatsoever. No one Parliament is bound by the decisions of its predecessors, nor can it bind its successors. There is no higher body, such as a supreme court, that constrains the legal authority of Parliament. However, parliamentary sovereignty is now directly challenged by the UK's membership of the European Union. EU membership necessitates the 'pooling' of sovereignty over areas where the member states have agreed to act together. All laws passed at the European level are considered legally superior to domestic law, and are ultimately protected by a higher constitutional court, the European Court of Justice. Should European Community law and UK law conflict, EC law will prevail. Unwritten constitution The UK constitution is often described as an unwritten constitution, but it is best described as partly written and wholly uncodified. It is derived from a number of sources. Its principal source is statute law, i.e., laws passed by the UK Parliament. Statute law is particularly important for determining the powers and scope of government, and the conduct of elections. An array of conventions, or unwritten understandings and customs, also surround the rules of constitutional behaviour. Although not supported by law, these are considered to be binding. For example, it is a convention that the monarch sign Acts of Parliament passed by both Houses, and that the government should resign after losing a vote of 'no confidence'. Constitutional authority is also derived from common law, that is, the legal principles and 'precedents' established by judicial decisions. As a source of constitutional authority, common law has largely been replaced by statute law, but it remains important in the sphere of civil liberties, and in fundamental constitutional principles, such as the Royal Prerogative and parliamentary sovereignty. The un-codified constitution. No formal written document No description of political system and its working Much the british constitution is written Bill of rights The reforms act Parliament act 1911 European communities act Acts of union with scotland Other sources include percedents and judicial decions Salient features of the british constitution. Evolutionary. (A gradual process in which something changes into a different and usually more complex or better form). Uncodified. A set of rules or principles or laws which is not written in especially ones or systematic form. Flexible Unitary system. (Unitary system is one that has higher education located in a single type of institution). Principle of the tolerance Rule of law Sovereignty of parliament. ( Royal rank, authority, or supreme power of the parliament) Constitutional monarchy: Constitutional monarchy is a form of government in which a king or queen acts as Head of State. The ability to make and pass legislation resides with an elected Parliament, not with the Monarch. As a system of government, constitutional monarchy separates the Head of State’s ceremonial and official duties from party politics. Difference between UK and USA constitution: Perhaps the most fundamental difference is the constitution - or the lack of one. The United States has a written constitution which is very difficult to change. The UK does not have a single document called the constitution but instead its constitutional provisions are scattered over various Acts of Parliament, any of which can be changed by a simple majority in the Parliament. In the United States, political discourse frequently makes reference to the constitution - typically Republicans arguing that Democratic initiatives are 'unconstitutional'. Besides the fact that the UK does not have a constitution as such, it is rare for British politicians to argue that the actions or proposals of their opponents are illegal or ultra vires. In the United States, the flag holds special place in the political heart of the nation and people sing to it. In Britain the flag is rarely prominent at political events. In the USA, blue signifies states held by the Democratic Party, the more left-wing. In the UK, blue identifies the Conservative Party, the more right-wing. In the USA, red signifies states held by the Republican Party, the more right-wing. In the UK, red identifies the Labour Party, the more left-wing. In the United States, the Democratic and Republican Parties absolutely dominate federal and state elections with independents securing only small proportions of the vote. In the United Kingdom, the two main political parties - Conservative and Labour - win a smaller and declining share of the total vote, with a growing share being taken by the likes of the Liberal Democrat Party and the UK Independence Party at national level and by the likes of the Scottish and Welsh Nationalist Parties at the devolved level. In America, the term 'conservative' means really right-wing, especially on social issues. In Britain the name 'Conservative' means mainstream right-wing, especially on economic issues. In America, the term 'liberal' generally means quite left-wing. In Britain, the name 'Liberal' means broadly centrist. In the States, it is considered necessary for a politician to emphasize their patriotism. In Britain, it is assumed that anyone who wants to run for national office cares for his or her country. In the States, virtually every political speech seems to mention God, especially in the final call "God bless America". In Britain, no politician mentions God and none would think of inviting Him to show a special preference for his or her nation state. In the US, politicians frequently refer to their position on social issues like abortion and homosexuality. A British politician would think it unnecessary and inappropriate to talk about such issues unless asked. In the US, politicians constantly talk about the problems and the aspirations of the middle class. In the UK, politicians tend to talk more on the needs of the working class. So many political speeches in the US include the phrase "my fellow Americans". In British political terminology, there is simply no equivalent phrase. Few American political speeches make much use of facts and figures. Many British political speeches use figures to highlight problems and make comparisons with the policies or the performance of one's opponents. In the States, there are currently some outstanding political speakers, led by Bill Clinton and Barack Obama. In Britain, there is no politician who can be so inspirational, although Tony Blair at his best came close (but he's gone). The American general election effectively lasts almost two years, starting with the declaration of candidates for the primaries. The British general election lasts around four weeks.