what is the significant point of the difference between the constitution of America and England ?
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- The UK has an uncodified constitution whereas the American constitution is codified.
- The US constitution sets out a strict system of separation of powers, whereas the UK has a fusion of powers.
- The US constitution is a Presidential constitution, whereas the UK has a Parliamentary constitution.
- For a bill to become law and therefore become part of the constitution, it is simply passed through and voted on in Parliament (eg HRA 1998), but in America 2/3 of the states and senate must agree for an amendment to be added.
- The Supreme Court in the UK cannot declare primary legislation from Parliament as unconstitutional, whereas the American Supreme Court can do this for any Executive act or Act of Congress.
- Whereas many constitutional changes have happened in the UK in recent years, such as devolution and the Constitutional Reform Act 2005, amendments to the American constitution have gained little support, with only 4 out of 12 being approved in the HOR and none being agreed upon in the Senate since 1995.
- Westminster Parliament is sovereign in the UK and promotes unitary government, whereas the American constitution promotes federalism.
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