Political Systems 20 mark Essays

Legislation in the UK and USA Starter: Name two differences and one similarity between the nature and status of the UK/USA Constitutions.

Identify the appropriate structure of a 20 mark Higher Politics essay What you will learn… Success Criteria – I can… Identify the appropriate structure of a 20 mark Higher Politics essay Structure a 20 mark essay successfully

20 mark Responses Discuss… or To what extent… Component Marks Knowledge: description, explanation, example 8 Analysis It can be argued that… It is clear that… However… 6 Conclusion Therefore… Overall… 4 Structure 2

To what extent are there differences between the nature and status of the constitutions of two political systems you have studied? 2015 H Politics Paper

Essay Plan Intro – highlight backgrounds and factors to be discussed Par 1 – Codified vs Uncodified Par 2 – Sources of constitutions Par 3 – Unitary state vs Federal state Par 4 – Flexibility/Amendment process Conclusion

T K + E A Paragraph Structure Topic Sentence Knowledge + Example (System 1) Knowledge + Example (System 2) Analysis

Credit reference to the following aspects of the question: To what extent are there differences between the nature and status of the constitutions of two political systems you have studied? 20 marks Credit reference to the following aspects of the question: Sources of the constitution (ie for UK – Statue law, common law, conventions, works of authority, EU treaties etc) Key constitutional principles (ie Federalism, separation of powers, Parliamentary supremacy, unitary state etc) Codified and uncodified constitutions Flexibility and process of amendment Role and influence of the judiciary in interpreting the constitution

Intro – Structure marks available Background & Factors you will discuss. The nature and status of the constitutions of the UK and the USA are most often considered vastly different however there are some similarities(Background). Whilst the UK has an uncodified constitution which dictates that the country is a unitary state, the USA has a codified constitution which dictates that the country follows a federal system of government. Although both constitutions may be considered flexible, the form this flexibility takes in each is very different (Factors).

Para 1 – Codified vs Uncodified The nature of the constitutions of the UK and USA are inherently different – the UK’s constitution is uncodified whereas the US constitution is arguably the most famous codified constitution of Western democracies. (topic sentence) The UK constitution is uncodified meaning that there is no one single document which makes up the UK constitution. This has historical significance as the UK’s constitution is derived from a number of sources. The UK constitution has evolved over hundreds of years and is based on sources such as common law, statute law, EU treaties etc. For example, the Scotland Act 1997 changed the constitutional arrangements in the UK by creating the Scottish Parliament. As a result, statute law changed the constitutional arrangements of the UK and powers were devolved to the Scottish Parliament. (K – description + example on UK) On the other hand, the USA has a codified constitution contained within one written document. The US constitution was written by the Founding Fathers after America gained independence and sets out the federal system of government and the rights US citizens have. It provides clear rules and limits of government and ensures that all elements of government have clearly defined roles which cannot be deviated from. This can be seen in the first three articles of the Constitution which stipulate the differences in role between the Congress (Article I), the President (Article II) and the Judiciary (Article III). For example, the Constitution explicitly states that the President cannot also be a member of the Legislative branch. (K – description + example on USA) As such, the very nature of the constitutions of the UK and the USA show a distinct contrast. Whilst the uncodified nature of the UK constitution allows for changes to occur naturally and with ease over time, this can lead to instances where the executive branch of government has the ability to abuse its position. This is highly unlikely to happen in the USA as the codified nature of its constitution ensures that the various branches and levels of government cannot easily overpower their counterparts. The strict codification of the US constitution does however leave the people of the USA with a constitution which some would say is outdated and unfit for modern democracy unlike the UK constitution. (2 x Analysis, showing contrast)

Para 2 – Sources of the constitutions The sources of the UK constitution are innumerable and varied in nature – a stark contrast to the documentation of the US constitution which consists of the constituition itself, the Bill of Rights and just 17 further amendments . (topic sentence) In the United Kingdom, (K – description & example UK, mention the clear variety of documentation which can be considered as part of the constitution) Other than the 27 amendments which have been made thus far to the original US constitution signed in (K – description & example USA – mention the precise nature of the US constitution, linking to its codified nature) As such, not only is the nature of each constitution clearly different but the status of each is also clearly different. (analysis – in the UK, because the constitution can be considered to come from such a variety of different sources, it holds very little status politically or within the eyes of the public – direct contrast to the USA constitution – nature and status highly regarded etc)

Para 3 – Unitary state vs Federal state Both the United Kingdom and the USA have always taken into account the political and social differences of their nations and states through their constitutions however any similarities are little more than surface level. (topic sentence) In the UK…,(K – unitary state, UK parliament is supreme with example – devolution and changes following Brexit) The federal nature of the USA however ensures that… (K – federalism with example – federal laws and state laws both supreme) Therefore…(analysis – both constitutions serve the needs of their countries well. Both constitutions account for differences between regions…)

Para 4 – Flexibility/Amendment process The issue of flexibility within constitutions can be viewed in variety of ways with the UK constitution obviously flexible and easy to amend thanks to the variation of its sources the same for which cannot be said about the constitution of the USA .(topic sentence) In the UK…,(K – ease of amendment through simple change of laws with example) However, in the USA the amendment process…(K – amendment is not easy and flexibility cannot be guaranteed through “interpretation” with example) As such, it can be argued that (analysis of differences and the implications of flexibility and amendment in regards to nature/status.)

Conclusion – 4 marks available/ Structure marks Address the overall issue of the essay, providing an obvious judgement, based on the aspects you have discussed. To what extent are there differences between the nature and status of the constitutions of two political systems you have studied? In conclusion, to a large extent both the nature and status of the constitutions of the UK and the USA can be considered very different as… In the UK, the constitution is considered… (sum up briefly points on nature and status of the UK constitution). On the other hand, the constitution of the USA is… (sum up briefly points on nature and status of the US constitution). Overall, the clearest area of difference is…