What are the major differences between the British and the American Constitutions?
1. The difference in terms of their forms 1.1 American Constitutions
American Constitution is “written consititution”, it has strong adaptability. The
United States is the world's first country to develop a written constitution, and it applies to the world's longest constitution, which lasted more than 200 years ago. It includes preamble, main body and constitutional amendment.
1.2 British Constitutions
British Constitution is “unwritten constitution”. British Constitution, which is much uniquer than other countries’, did not distinguishingly make in certain period. It didn’t include in a written cade, but several decentralized historal documents of the constitution parliamentary statue law, jurisprudence and practice.
British Constitution is flexible. The compostion of British Constitution mainly included four aspects: the Charter, the parliament of the development of law, case law and practices. It is so diverse that can adapt the change and development of the sociaty.
1.3 Causes for the difference
The British constitution was appeared in the bourgeois revolution, which is unthorough and compromised. Those had profound influence in content and status to make the constitution. While, American Constitution is the fundanmental law
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of the united states. When “Declaration of Independence” was published, the constitution began to be made and followed. Just like what Marx said: “it’s the world’s first universal declaration of Human Rights”.（马克思恩格斯选集 1964 16）
2. The difference in terms of their contents 2.1 American Constitutions
The constitution of the United States is the world's longest apply, the constitution has 200 years. “The whole article is no more than 10 thousand words, but the contents are highly generalization”.
The constitution of the United States carried thoroughly separation: legislation, judicial and administrative. The congress, president and federal court have their own rights and power. “Constitution of United States made clear by the election of government has a unique legitimacy. the people have elected or appointed government officials and parliamentarians to the exericise of power. Members can also modify the constitution and other basic laws, they can even re-drafting a new constitution.”(Foreign Legal System 2005 226) 2.2 British Constitutions
British Constitution mainly included several principle, parliament sovereignty, the rule of law, unwritten constitution, unitary system and so on. “ the Great Charter covered a wide filed of law and fedual rights, but also some important matters were these: no tax should be made without the approval of the council, no freeman should be arrested or imprisoned execpet by the law of tha land, and if the king attempted to free himself from law, the vassals had the rights to force the
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king to obey it.’’ (许鲁之 2008 229) 2.3 Causes for the difference
Firstly, the United States is democratic republican state, president is the head of state and he masters the hightest power. While, British acts constitutional monarchy, From the constitution, king monopolises power. Secondly, The principle of American Constitution is separation and federalism.The American constitution has inclusiveness. It means that “concise form, but the rich contents”. While, Britain is the birthplace of the world’s conservation, so conservative ideology in the UK had a long story. And that made another feature in British Constitution: respect the tradition. Thirdly, the priciple of US constitution is seperation and federalism, the constitution is steady and highly generalization. While, UK constitution is a little bit vague and soft. The British constitution without a systematic theory system features, from another said, bring the British constitution high adaptability.
3. The difference in terms of their historical background
3.1 The constitution of the United States was not accidental, which has a profound historical origin and extensive social basis. The Declaration of Independence, which based on enlightenment and social contract theory, established a series of constitutional principles and constitutional basic concepts, specified a right dirction for US constitution. Montesquieu’s \What’s more, Articles of Confederation, which was adopted in 1781, declared to established congress and endowed it power. All in all, it was American people deeply rights consciousness and awareness for American official that made the
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American Constitution.
3.2Britain is the birthplace of the constitution of the world. Glorious Revolution and the Bill of Rights marked the appearance of British Constitution. But the main part of the British constitution is unwritten and they didn’t have the unified constitution. General speaking, the Great Chastes is part of the British constitution, and the Common Law played a important role in British. What’s more, the law of Succession to the Throne, the Bill of Rights, Parliamentary Legislation, the
Retition of Rights, the Habeas Corpus Act, Westminster Ordinance all had
something to do with British Constitution. And they all played an important role in British politicial. 4. Comments and analyses
Through study and research, I have know much more about the differences between British Constitution and American Constitution. Apart from the differences, both of the two constitutions are Bourgeois constitution, which based on western democracy and decentralization. They are both based on the theory of natural rights and the people's sovereignty, social contract theory. It is Constitution that is a consensus on the most basic human. Constitution is not only a
history of shaping the country an important tool, but also as a religious people, in the political life of the country has a transcendent, omnipresent quality.
American Constitutions and British Constitutions refracted the history and process of their development. If someone want to deeply know a country, learning its constitution is absolutely necessary.
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