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The Constitutions of the United States of America and the United Kingdom - Essay Example

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This paper "The Constitutions of the United States of America and the United Kingdom" discusses the United Kingdom that lacks a written constitution in contrast to the United States. The United Kingdom operates in the absence of formal constitutional protection of fundamental rights. …
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The Constitutions of the United States of America and the United Kingdom
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Download file to see previous pages The principal characteristic of a functioning democracy is the separation of powers. The concept of separation of powers is complex, although it may seem to be simple. This is because it consists of expressive and rigid components. The US Constitution represents the operational capability of the notion of separation of powers. It operates on three functions of the government. First, the executive implements legislation and supervises the administration over the state. Secondly, the legislature enacts the legislation and monitors the work of the executive and lastly, the judiciary interprets the legislations to apply land laws3.

The British Constitution is an unwritten constitution. Therefore, the limitations of the organs of government or the overlap of functions of organs of the government are very difficult to recognize. The boundaries between the functionality of the various organs cannot be easily drawn. The government is based on the Westminster model. According to Walter Bagehot, the constitutional critic, the British Constitution is dependent on the combination of the executive and legislative powers. The cabinet integrates the executive and the legislature. Thus the cabinet is the combining force that attaches the legislature to the executive4.

Therefore, the British Constitution differs significantly, from that of the US. The latter is based on the separation of powers. Mixed government must have some level of connection with other organs, whereas the concept of separation of powers provides checks and balances to ensure that there is no such connection between them. At this juncture the doctrine of separation of powers identifies the dominance of Parliament and the executive over other organs. At the same time the judges of English courts seek to operate with the spirit of separation of powers. The judiciary of Britain operates on its own without depending on other branches. The Lord Chancellor is the principal decision-maker in all the three government branches.  ...Download file to see next pagesRead More
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