“Justice, Injustice and the US Constitution.” Jeremy Lewis PhD, Huntingdon College, For presentations on Constitution and Citizenship Day, 20 Sep See

Triple citizen: subject v national v citizen Born a UK subject Born a UK subject Became a UK and EU citizen Became a UK and EU citizen On 9/11 sought US citizenship On 9/11 sought US citizenship Received US in 2002 Received US in 2002

British Constitution: my base Unwritten, uncodified constitution Unwritten, uncodified constitution Charters: Magna Carta, Bill of Rights Charters: Magna Carta, Bill of Rights Works of authority: Coke, Blackstone, Dicey Works of authority: Coke, Blackstone, Dicey Tacit understandings: role of PM Tacit understandings: role of PM Statutes: Parliament Acts 1911 & 1949 Statutes: Parliament Acts 1911 & 1949 EU treaties and statutes EU treaties and statutes

Commonalities with US: individual rights tradition individual rights tradition Enlightenment Enlightenment independent judiciary independent judiciary common law, not code law common law, not code law bicameralism bicameralism rise of PM and staff, public relations rise of PM and staff, public relations embourgeoisement: decline of class-based politics embourgeoisement: decline of class-based politics

Practices of British Politics: QT shows integration of powers PMQT shows integration of legislature and executive in HMG PMQT shows integration of legislature and executive in HMG –Oxford Union debating, gladiatorial –PM confronted by MPs –articulate ministers, well informed –patronage power of the prime minister –cabinet and shadow cabinet: loyal Opposition –front bench (ministers) versus backbench (MPs) –Multi-party system with cross-benchers: –First Past the Post system favors Con & Lab, disfavors Lib Dems

Different practice in Britain uncodified constitution uncodified constitution doctrine of parliamentary sovereignty doctrine of parliamentary sovereignty no supreme court, no constitutional review no supreme court, no constitutional review not really bicameral not really bicameral figurehead monarchy figurehead monarchy flexible terms of office flexible terms of office votes of no confidence votes of no confidence cabinet’s collective responsibility cabinet’s collective responsibility ministerial responsibility & resignation ministerial responsibility & resignation

Justice as the goal of the state: Plato’s Republic Plato’s Republic Aristotle’s Polis, and branches Aristotle’s Polis, and branches Magna Carta Magna Carta UK common law UK common law C18th Enlightenment: liberty C18th Enlightenment: liberty C19th socialist influence: equality, fraternity C19th socialist influence: equality, fraternity

Postwar welfare state consensus: equality over individualism equality over individualism full employment over productivity full employment over productivity “fair shares for all” “fair shares for all” “no jumping the queue” “no jumping the queue” “homes fit for heroes” “homes fit for heroes” “Butskellism” (Butler & Gaitskell) “Butskellism” (Butler & Gaitskell) “corporatism” (tripartite economic discussions) “corporatism” (tripartite economic discussions)

1960s and 1970s, consensus declined Labour & Conservative governments Labour & Conservative governments economic deterioration economic deterioration winters of discontent 1974 and 1979 winters of discontent 1974 and 1979 “bloody-minded” unions & “out of touch” management “bloody-minded” unions & “out of touch” management Miners brought down Heath Tory government, 1974 Miners brought down Heath Tory government, 1974

Constitutional Change in UK Nat. Inds., 11% of GDP, sold off, ‘84-87 Nat. Inds., 11% of GDP, sold off, ‘84-87 GLC abolished by statute, 1986 GLC abolished by statute, 1986 EU Human Rights incorporated to UK EU Human Rights incorporated to UK Judicial Review nascent in UK and EU Judicial Review nascent in UK and EU Lords reformed under Blair, Lords reformed under Blair, 2000.

American innovation, 1787 written compact or constitution written compact or constitution powers of Congress enumerated powers of Congress enumerated powers of President enumerated powers of President enumerated Bill of rights for citizens vs Federal Gov. Bill of rights for citizens vs Federal Gov. no Established church no Established church elasticity in executive and judiciary elasticity in executive and judiciary “necessary & proper” and “commerce” “necessary & proper” and “commerce”

Shared powers or separated? jointly make Acts jointly make Acts jointly make treaties jointly make treaties initiate and declare war initiate and declare war jointly appoint jointly appoint jointly tax jointly tax confusion of responsibility for shared powers? confusion of responsibility for shared powers?

Living constitution Due process > affirmative action Due process > affirmative action death penalty death penalty church & state church & state right to trial right to trial public morality public morality