Comparative Approaches: The UK & US Constitutions (Edexcel A Level Politics): Revision Note

Both the US and UK have defined legal frameworks governing political behaviour

In the US, the Constitution (1787) establishes the federal system

In the UK, key statutes such as the Human Rights Act (1998) and Constitutional Reform Act (2005) define parliamentary and judicial structures

These rules guide government action and constrain government decision-making

This could be explained by structural theory, as institutions shape political outcomes

In the US, the Constitution divides power between the executive, legislature and judiciary

Congress can override presidential vetoes and impeach presidents

In the UK, the executive is drawn from Parliament

Backbench MPs and committees provide scrutiny, such as parliamentary investigations into the Iraq War (2003)

This could be explained by rational theory, as politicians strategically use institutional mechanisms to protect their interests, including popularity and re-election chances

US courts have power to strike down unconstitutional legislation (Dobbs v Jackson, 2022)

The UK Supreme Court can also review executive action for legality (Miller v Secretary of State, 2017)

They cannot strike down primary legislation

This could be explained by cultural theory, reflecting societal norms of the value of rights protection

US federalism gives states control over key policy areas, such as abortion laws in Texas post-Dobbs

UK devolution gives powers to Scotland, Wales, and Northern Ireland

Such as Scottish Parliament’s health and education powers

This could be explained by cultural theory, as identity and local traditions shapes local policies decisions

Both constitutions limit executive power through formal procedures

In the US, the Senate confirmation of judicial appointments

In the UK, select committees conduct scrutiny

This could be explained by structural theory, as institutional rules determine power allocation

The US Constitution is written and entrenched

The UK constitution is uncodified, relying on statutes, conventions and common law

This difference explains rigidity in the US versus flexibility in the UK

This could be explained by structural theory, with legal frameworks shaping different political processes

US amendments require two-thirds of Congress and three-fourths of states

In the UK, Parliament can pass new statutes with a simple majority

This could be explained by structural theory with different institutional constraints on constitutional change

The US president is directly elected via the people and the Electoral College

The UK prime minister is the leader of the majority party

This could be explained by cultural theory, with both systems being a product of historical developments and cultural understanding

US Supreme Court can overturn legislation (Citizens United v FEC, 2010)

UK courts cannot strike down primary legislation

This could be explained by structural theory, with the US Supreme Court’s power being a product of the Constitution whilst the UK Supreme Court was a product of parliamentary legislation

US state powers are constitutionally protected

UK devolution is statutory and theoretically revocable by Parliament

For example Westminster temporarily intervened in Northern Ireland budget issues (2017–18)

This could be explained by cultural theory, with US citizens being highly focussed on local issues through federalism, whilst UK politics typically has focussed on actions from Westminster