Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Comparisons between us and uk constitutions
Comparative constitution
Comparing state constitutions
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Comparisons between us and uk constitutions
It can be said that the most important difference between constitutions is their strength over the rule of law and the rigidity of the fundamental laws and principles enshrined in them. Some constitutions are amended by supermajorities of Parliament, while some require refendums and others put complete legislative power in the parliament. The one feature the three constitutions I will discuss have in common is their liberal democratic nature, but the rigidity of their fundamental laws and how they are amended are all very different.
I will explain and analyse the constitutions of Germany, Ireland and the United Kingdom, three constitutions that have varying degrees of rigidity and I will offer theories on why these constitutions are framed the way they are.
The German Constitution
The German Constitution knows as The Basic Law for the Federal Republic of Germany is a higher law constitutional model that was formally approved on May 8th 1949 and came into effect on May 23rd. ”Chiefly influenced by the grim lessons on the immediate past” (Jeffrey 1999, p34), the occupying Allies, keen to ensure Germany would never be in the position to start another great war, set about changing the internal structure of German. Initially only including the states of West Germany within the Federal Republic However, within a few years it had come to include all of West Germany and “the proclamation of the Basic Law marked the beginning of an unprecedented era of constitutionalism in Germany” (John and Koch 2009). During the Constitutional conference of 1948 major failings in the Constitution of the Weimar Republic were identified, which eventually “allowed the democratic system to be dismantled from within by extremist forces” (John and Koc...
... middle of paper ...
...land and New York, USA. A Cassell Imprint.
Stone Sweet, A. 2000. Governing With Judges. Constitutional Politics in Europe. New York, USA. Oxford University Press.
Journals
Flinders, M. Shifting the Balance? Parliament, the Executive and British Constitution. Political Studies. Vol. 50, 23-42. 2002.
Available at:
http://www.politicalstudies.org/pdf/flinders.pdf
Online Sources
Bunreacht na hÉireann
Available at:
http://www.constitution.ie/constitution-of-ireland/default.asp
Basic Law for the Federal Republic of Germany (Grundgesetz, GG)
Available at:
http://www.iuscomp.org/gla/statutes/GG.htm
John, T and Koch, C. The Genesis of the German Constitution - From Total Devastation to the Dawn of a New Era. Schriftenreihe Öffentliches und Internationales Recht. Peter Land Publishing Group. 2010.
Available at:
http://www.ssrn.com/abstract=1520819
In conclusion the power of being put into office differinates between these three documents With the power of the election of being placed into office by the people themselves, this can be seen in the Athenian constitution less but more in the roman and U.S. constitutions as these documents represent the symbolism of democracy at hand. But meanwhile their similarities can be found in the aspect of being found worth and right for the position the one running for office is seeking and that is something that can be understood by all that it’s never to be
The constitution of the UK is very unique compared to the constitutions in other European countries. In this essay, I will talk about the features of the UK constitution, the sources of the constitution and the principles, which guide it. This essay will also include key points about the uncodified nature of the constitution, and the advantages and disadvantages that come along with it. A topic of discussion has been whether or not the uncodified nature of the constitution of the UK should remain the same, or if, it should be codified. I will further discuss these ideas in this essay and highlight the pros and cons from both sides – codified and uncodified.
Hagen W (2012). ‘German History in Modern Times: Four Lives of the Nation’. Published by Cambridge University Press (13 Feb 2012)
Gunther, G. (1991). Constitutional Law. Twelfth Edition. New York: The Foundation Press, Inc. pp. 1154-1161.
In this essay I will consider to what extent the German economy has been central to change regarding the development of Germany over the whole period, 1890-1991. I will consider the German economy under the Kaiser in accordance with World War 1, during Hyperinflation under the Weimar Republic in 1923, in Nazi Germany under Hitler and in East and West Germany leading to the building of the Berlin Wall. It appears that the German economy to a large degree has been exceedingly central to change in the country over this entire period. It is evident though that the economy itself has not solely been the derivation of precise events over the course of the period. There have been other ideas and proceedings that must be taken into consideration and I aim to assess the prominence of these notions in opposition to the German economy. These include the radical ideas of the Kaiser and Hitler leading to the occurrence of World War 1 and 2, the ‘Stab in the back’ theory strengthening support for radical parties and anti-fascist ideals prompting the construction of the Berlin Wall.
The Constitution of the United States of America (US) is the bedrock of the political and judicial system of a country which at the time founded represented a new direction of governance not practiced for nearly two millenniums. The US became the first democratic republic in modern history with a Constitution that came into force in 1789, deriving more ideals from the Romans or the Greek Mini-States that from any political system in place around the world at the time. It is undeniable, even by the strictest constructionist or originalists that the U.S. Constitution borrowed concepts not only from famous ancient philosophers like Aristotle or Cicero but also from modern political thinkers like Locke, Montesquieu
The most significant and challenge to the traditional view of parliamentary sovereignty was Britain’s membership of the European Community in 1972. The European Communities Act 1972 brought with it the requirement that European Law be given priority over domestic courts over conflicting issues of national law. This notion was a direct affront to parliamentary sovereignty, which required that if a later statute, contradicted and earlier statute, which sought to incorporate European Law into English Law, then the later statute should impliedly repeal the earlier statute. Therefore the European Communities act imposed a substantive limit on the legislative ability of subsequent Parliaments.
Simon. T., (1983), Germany 1918-1933 revolution, counterrevolution and the rise of Hitler, Oxford University Press, London.
... idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709.
On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
German people were unused to a democracy and blamed the government “November criminals”, for signing the Treaty of Versailles. From the very beginning, the new Weimar government faced opposition from both sides of the political spectrum. The Left wing Spartacist group, lead by Liebknecht and Luxemburg, looked up to the new Soviet councils in Russia, wanted to place Germany into a similar system.
Taylor, H. (1910). The constitutional crisis in Great Britain: Bicameral system should be retained with House of Lords reorganized on an elective basis. Concord, N.H: Rumford Press. 6th edition
7th edition. London: Pearson Longman, ed. Garner, R., Ferdinand, P. and Lawson, S. (2009) Introduction to Politics. 2nd edition. Oxford: Oxford University Press, 1998.
Both the parliamentary and presidential constitutional systems of government are popular choices of democratic countries around the world. Nevertheless, despite their core similarities, each form of government poses unique ideologies of representation, as well as methods of conducting the business of governing. Circumstance leads to the organization of a representative body given the power to make and enforce law, as well as a basic mutual agreement between the people and their government. The end result of this agreement is a system of government unique to the culture, values, and circumstance of a population. This concept leads to unique principles exemplified by each country 's style of government in democratic societies and is specifically
Hague, R. & M. Harrop (2010). Comparative Government and Politics. 8th ed. Basingstoke: Palgrave Macmillan. 64.