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Codified Constitutions
The US has a written, or codified, constitution, whereas the UK does not. As Malcolm Walles pointed out, codified constitutions are generally the results of revolutions, whereas unwritten constitutions are more likely a result of an older country with a steady history.
Malcolm Walles: “whereas the US constitution appeared out of the smoke of gun powder, the UK constitution appeared out of the mists of time”.
There are aspects of the US constitution that are not included in the written document. It is often argued that every constitution is a blend of written and unwritten. It is the balance of these that varies.
Amendments to the Constitution
Amendments to the constitution are difficult to pass in the USA. Both houses, the president and three quarters of all state parliaments must vote in favour for the amendment. Here are some important amendments:
First: Protects freedom of speech, religion, the press and protesting.
Second: Right to keep and bear arms.
Fifth: Right to a fair trial
Twenty Second: Limited the president to two terms of office.
Advantages of the Twenty Second amendment
- Stops corruption
- Helps to remove an unpopular president who may be powerful within the party
Disadvantages of the Twenty Second amendment
- Undemocratic
- Second term presidents may be ‘lame ducks’
- Prevents long term planning and policies
- May subsequently damage the economy
The US Constitution
Advantages of a Codified Constitution
- Provisions within the constitution are difficult to change. It is deliberately difficult to pass a constitutional amendment.
- Provides effective checks and balances upon branches of government. President cannot bypass other parts of government like the Prime Minister can.
- Protects rights and liberties. Thatcher removed trade union rights to workers at GCHQ. This would be more difficult in the US system.
- Codified constitutions can be made flexible by vague wording and judicial interpretation eg. It grants the power to congress to ‘provide for the common defence and general welfare of the United States.
Disadvantages of a Codified Constitution
- They elevate the importance of unelected judges over the elected legislature, eg. When Supreme Court decided the result of the 2000 presidential election.
- Codified constitutions can be inflexible and cannot change over time, eg. The 2nd amendment, the right to keep and bear arms, many would argue was no longer a good idea.
- The granting of constitutional rights does not mean they will be properly respected. The passage of the 15th amendment in 1870 gave rights to African Americans. However, these rights were not respected for another century. A more modern example would be the Patriot act, which many think violates the bill of rights.
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