Comparative Analysis of Key Features: UK and German Constitutions

This essay provides a comprehensive comparison of the UK and German constitutions. It begins by outlining the key features of each constitution, including the UK's uncodified and evolutionary nature versus Germany's codified and federal structure. The essay then delves into a detailed comparative analysis, highlighting differences in flexibility, governmental power, and the role of citizens. Key aspects discussed include the impact of a unitary versus a federal system, the powers of the chancellor in Germany, and the role of the constitution court. The essay assesses the implications of these differences, arguing that a codified constitution offers greater clarity, security, and protection of citizens' rights. It concludes by emphasizing the advantages of a codified constitution, such as increased government responsibility and a more defined framework for governance.

Law Assessment

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
Features of UK and German constitution....................................................................................3
Comparison features of Two constitution....................................................................................4
Statement assessment as per the comparison...............................................................................5
REFERENCES................................................................................................................................1

INTRODUCTION
Constitution refer to body of principles that helps to govern the country. It can be
codified or uncodified according to country. However, former is preferred compare to latter
because it gives greater clarity and certainty for the citizens of the country and explain the way in
which government runs. Essay describe key features of British and German constitution.
Comparisons of constitution of two nations also elaborate in the report.
Features of UK and German constitution
UK have uncoded constitution and in this fundamental rules of the country depends on
customs, usage, precedent and a variety of statutes and legal instruments that established by
series of event occur in the country (Hunter, 2018). German have codified constitution and all
provision are detailed in a written document.
Feature of UK Constitution:
 Unwritten: British constitution is not written and so detail document in a single book
cannot be available. It is because of convention and political tradition of the country and
it cannot be found in any document,
 Evolutionary: It is a specimen of evolutionary development with changing time and never
developed by any form of assembly in the country. It is well unknown around the world
that UK constitution is product of wisdom and chances.
 Flexibility: It is one of example of flexible constitution in the world. Uncoded
constitution of the United Kingdom can be changed with the help of simple majority of
Parliament. Unitary: It has a unitary character and power of the constitution is in hand of Parliament.
Constitution has one legislature. England, Scotland, Wales etc. are and further it divided
into units (Powell, 2019).
Feature of German Constitution
 Chancellor’s Democracy: In this chancellor has a high power compare to other ministers
in the parliament. Policy are form by him while execution and implementation is in hand
of minister.
 Country have parliamentary form of government and there is no role of royals in
governing and running the government.
 It is federal democracy and government are elected by people of the country.

 Small party also plays important role in the country .
 Any person can directly approach to constitution court encase law is violated.
Comparison features of Two constitution
British Constitution German Constitution
 It is unwritten or uncoded and laws are
framed according to convention and
political tradition of the country and
hence laws can quickly can be amended
according to need (Gordon, 2020)
 Constitution is unitary in nature and
central government has all the power.
However, it can be change or
distributed and taken back as per the
requirement and condition of the
country.
 Constitution is highly flexible and
hence quick changes can be made
according to the situation and political
condition of the country.
 It is evolutionary in nature and hence
with time and need can be adjusted and
change. However, changing nature
created lots of trouble for the citizens of
the country.
 Prime minister has most of the power
but need approval of queen while
implement in the constitution.
 There is proper procedure or steps to
reaching the court for going against
violation of law.
 It is written and well documented
constitution and hence laws cannot
unaltered easily. There is written
document related to laws and guidance
which highly benefited citizens of the
country.
 It is federal in nature. Powers are
divided among state or lower level
authority. It cannot be taken from the
lower level.
 It is not flexible and making change
required permission from lower level
with a high majority.
 It is not evolutionary in nature and
hence citizens are aware of code
conduct and laws and there is low
objection for it.
 Chancellor frame policy which is
implemented by ministers of the
country.
 All citizens can directly approach to the
constitution court if their rights violated
in any form.
 Amendment or passing of new laws
and act require two third majority in
Bundesrat (upper house) and the

 Act and amendment require consent of
House of lords and House of commons
and in the end royal assent require for
the final approval.
Bundestag (lower house) of Parliament;
Statement assessment as per the comparison
It can be understood from the above comparison that codified constitution plays
important role in life of people as compare to uncodified. There is no misunderstanding and
insecurity among citizens of the country related laws and act as they cannot alter easily. Majority
of the people in uncodified constitution require for passing and enacting new law and hence best
decision can be taken from the parliamentary. There is no royal assent require for making
changes in structure and body of it and also people feel more independent as compare to in
uncoded one. Anyone in the country can reach to constitution court in case laws are violated
which support democratic nature of the country. Chancellor frame policy and procedure with less
opposition from minister, and they only participate in implementation of it. Evolutionary nature
of the constitution always scared people and in coded there are fewer chances for evolution and
hence people feel safe and secure (_Bäumler, 2020). Rights of the citizens are highly protected in
the constitution such as freedom of speech, live etc. which increase loyalty of people towards it
and hence they strictly follow it. There are various advantage if codified constitution for example
it increases responsibility of government towards citizens of country and a proper procedure
must be followed while framing policy and decision-making. It is set of strict rules and
regulation which are required for running the country. Germany is federal with coded
constitution while United Kingdom is Unitary in nature, With time it is framed and hence there
will be less scope of making amendment in its guidelines and procedure. Citizen plays important
in this form of constitution or it is largely benefited them. Power is divided among lower level
such as state or districts and hence less centralization increase more governing.

REFERENCES
Books and journals
Bäumler, J., 2020. Who are" the people" in the German Constitution? A critique of, and
contribution to, the debate about the right of foreigners to vote in multilevel
democracies1. Law, Democracy and Development.24.pp.1-26.
Gordon, M., 2020. Referendums in the UK Constitution: Authority, Sovereignty and Democracy
after Brexit. European Constitutional Law Review.pp.1-36.
Hunter, I., 2018. Public Law and the Limits of Philosophy: German Idealism and the Religious
Constitution. Critical Inquiry.44.(3).pp.528-553.
Powell, A., 2019. The will of the people: the UK constitution,(parliamentary) sovereignty, and
Brexit. In On Brexit. Edward Elgar Publishing.

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