Compare the role of the constitution in protecting individual rights in two political systems you have studied. (12) 2016 H Politics Paper

12 mark Responses Analyse… or Evaluate… or Compare Component Marks Knowledge i.e. description, explanation, example 8 Analysis & Evaluation It can be argued that… It is clear that… However… 4

Compare the role of the constitution in protecting individual rights in two political systems you have studied. (12) Essay asks you to directly compare the ways in which each constitution protects the rights of its citizens. Each paragraph should discuss both the UK and the USA making a direct comparison on a single aspect of the constitution. Rights enshrined/guaranteed in the USA constitution via the Bill of Rights vs through a variety of legislation in the UK Constitution (such as the Human Rights Act 1998/European Human Rights Convention) Constitutional rights in the US can be very inflexible as a result of the complicated amendment process (codified constitution) but the UK is very flexible as only legislation is required to be passed by parliament (uncodified constitution). The role of the judiciary (courts) in both systems and the power of courts in the US to overturn legislation if it infringes constitutionally protected rights

Intro – Good Practice & helpful for structure Background & Factors you will discuss. A constitution is a set of rules which lay down the powers and duties of the institutions of government and establishes the rights and liberties of citizens (background). As such, there are a number of similarities and differences in the role the respective constitutions of the UK and the USA play in protecting individual rights within each state including the nature of the constitution, specific legislation and the role of the judiciary (factors).* *In all essays in the Political Systems unit it is essential that you highlight which two systems you are discussing in your introduction every time

Para 1 – Legislation vs Bill of Rights Individual Rights are protected in the UK primarily through legislation whereas in the USA they are enshrined in the Constitution directly. (topic sentence) Individuals in the UK have their rights protected by legislation for example, the Human Rights Act (1998). The Act incorporates the individual rights contained within the European Convention on Human Rights. UK citizens now have all the rights contained within the European Convention. One example was the case of Venables and Thompson, the child murderers of Jamie Bulger. Article 8 of the European Convention on Human Rights protected their privacy and newspapers are still not allowed to reveal their new identities.(K – description + example on UK) On the other hand, several amendments to the American Constitution provide individuals with powerful rights. The first ten amendments to the US constitution are known as the Bill of Rights. A good example is the 5th amendment which protects individuals against providing evidence to the police and the courts which might incriminate themselves. The concept of “Miranda rights” was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated by the Phoenix Arizona police department.(K – description + example on USA) Therefore it can be argued that individual rights in the USA are stronger than in the UK. Rights are enshrined in the Constitution. Therefore legislation cannot be passed by Congress which infringes these rights. It is the job of all branches of US Government to uphold the Constitution whereas in the UK, Parliament is sovereign and can use legislation to alter individual rights such the current UK Government’s plans to replace the European Convention following Brexit.(Analysis, showing comparison)

Para 2 – Uncodified vs Codified Individuals rights are also impacted upon constitutionally due to the nature of each constitution.(topic sentence) The UK constitution is uncodified…(K – description – flexibility allows for change – example gun laws after Dunblane shooting) In comparison the US constitution is codified…(K – description - inflexible/difficult to amend - example –right to bear arms is clearly outdated) The implication of this difference is… (analysis – ability to easily change the UK constitution is an advantage for rights protection compared to the inflexible US constitution – death penalty totally banned here, not in the USA)

Para 3 – Role of Judiciary Judicial power is key in protecting individual rights through both the UK and the US constitutions (topic sentence) In the UK the judiciary play an important role in protecting civil liberties and upholding the rule of law,(K – rule of law for all, Supreme Court interprets ambiguous laws – see example hand-out on blog) The US Supreme Court ensures that actions by government are constitutional…(K –power of judicial review and can overturn laws such as abortion, Roe vs Wade) Therefore it can be argued that (analysis – both judiciaries important? USA slightly more powerful because of review?)

Judicial power is key in protecting individual rights through both the UK and the US constitutions. In the UK the judiciary play an important role in protecting civil liberties and upholding the ‘rule of law’ which Dicey argues is the ideal that there are certain unwritten principles which transcend any law passed by parliament. It is the job of law law guardians (in the case of the UK, the Supreme Court) to ensure that no authority can interfere with such freedoms without due cause. For example, in the UK the right to privacy is a residual right and the UK Supreme Court ensures that successive governments and other bodies cannot encroach upon. This was the case in 2011 when the UK Supreme Court ruled in favour of many celebrities to enforce injunctions – meaning newspapers and media outlets cannot publish their names without true reasoning. The US Supreme Court ensures that actions by government are constitutional through the power of judicial review. Judicial review in the USA allows the Supreme Court to overturn laws and re-interpret the constitution thanks to the vagueness and lack of specificity within the US Constitution itself. Perhaps the most famous case of judicial review in the USA is the case of Roe vs Wade. In the 1970’s a young woman wanted an abortion, however, abortion was illegal in all 50 states. Her lawyers argued that the US government could not interfere in a woman’s right to privacy (guaranteed by the constitution) highlighting that her body is private. The court found 7-2 in favour of this interpretation of the constitution and as a result abortions immediately became legal across the USA. Therefore, it can be argued that both the UK and US judicial systems ensure that individual rights are upheld and delivered for the people. Many critics argue however, that the power of judicial review, coupled with the ability of the Supreme Court to openly interpret the wording of the constitution makes the US constitution more valuable in upholding the individual rights of its citizens.

Conclusion Briefly summarise what you have discussed and highlight any major comparisons. Overall it is clear that the constitutions of both the UK and the USA go some way in protecting the individual rights of citizens although there are clear differences in…. *In all essays in the Political Systems unit it is essential that you highlight which two systems you are discussing in your introduction every time

How to Analyse Links between different ideas… This links with the view of… Similarities and contradictions This is similar to because…/ This goes against because…/The implication of the difference is… Different views/interpretations Some would argue that this means … Possible consequences/implications As a consequence of this… The relative importance of components Arguably this is relevant/ important because…