“Justice, Injustice and the US Constitution.”

“Justice, Injustice and the US Constitution.” Jeremy Lewis PhD, Huntingdon College, For presentations on Constitution and Citizenship Day, 20 Sep. 2005See www.Political-Science.org

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

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

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

Practices of British Politics:QT shows integration of powers • 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 • doctrine of parliamentary sovereignty • no supreme court, no constitutional review • not really bicameral • figurehead monarchy • flexible terms of office • votes of no confidence • cabinet’s collective responsibility • ministerial responsibility & resignation

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

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

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

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

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

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

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

“Justice, Injustice and the US Constitution.”