150 likes | 173 Views
Explore the similarities and differences between the British and American constitutions, delving into historical developments, legal frameworks, political practices, and concepts of justice. Analyze the evolution of citizenship rights, government structures, and the pursuit of justice in both nations. Understand the impact of Enlightenment ideals, legal traditions, and political consensus on constitutional principles. Gain insights into the role of the judiciary, executive, legislature, and the evolving nature of constitutional interpretation.
E N D
“Justice, Injustice and the US Constitution.” Jeremy Lewis PhD, Huntingdon College, For presentations on Constitution and Citizenship Day, 20 Sep. 2005See www.Political-Science.org
Triple citizen: subject v national v citizen • Born a UK subject • Became a UK and EU citizen • On 9/11 sought US citizenship • Received US in 2002
British Constitution: my base • Unwritten, uncodified constitution • Charters: Magna Carta, Bill of Rights • Works of authority: Coke, Blackstone, Dicey • Tacit understandings: role of PM • Statutes: Parliament Acts 1911 & 1949 • EU treaties and statutes
Commonalities with US: • individual rights tradition • Enlightenment • independent judiciary • common law, not code law • bicameralism • rise of PM and staff, public relations • embourgeoisement: decline of class-based politics
Practices of British Politics:QT shows integration of powers • PMQT shows integration of legislature and executive in HMG • Oxford Union debating, gladiatorial • PM confronted by MPs • articulate ministers, well informed • patronage power of the prime minister • cabinet and shadow cabinet: loyal Opposition • front bench (ministers) versus backbench (MPs) • Multi-party system with cross-benchers: • First Past the Post system favors Con & Lab, disfavors Lib Dems
Different practice in Britain • uncodified constitution • doctrine of parliamentary sovereignty • no supreme court, no constitutional review • not really bicameral • figurehead monarchy • flexible terms of office • votes of no confidence • cabinet’s collective responsibility • ministerial responsibility & resignation
Justice as the goal of the state: • Plato’s Republic • Aristotle’s Polis, and branches • Magna Carta • UK common law • C18th Enlightenment: liberty • C19th socialist influence: equality, fraternity
Postwar welfare state consensus: • equality over individualism • full employment over productivity • “fair shares for all” • “no jumping the queue” • “homes fit for heroes” • “Butskellism” (Butler & Gaitskell) • “corporatism” (tripartite economic discussions)
1960s and 1970s, consensus declined • Labour & Conservative governments • economic deterioration • winters of discontent 1974 and 1979 • “bloody-minded” unions & “out of touch” management • Miners brought down Heath Tory government, 1974
Constitutional Change in UK • Nat. Inds., 11% of GDP, sold off, ‘84-87 • GLC abolished by statute, 1986 • EU Human Rights incorporated to UK • Judicial Review nascent in UK and EU • Lords reformed under Blair, 2000.
American innovation, 1787 • written compact or constitution • powers of Congress enumerated • powers of President enumerated • Bill of rights for citizens vs Federal Gov. • no Established church • elasticity in executive and judiciary • “necessary & proper” and “commerce”
Shared powers or separated? • jointly make Acts • jointly make treaties • initiate and declare war • jointly appoint • jointly tax • confusion of responsibility for shared powers?
Living constitution • Due process > affirmative action • death penalty • church & state • right to trial • public morality