Comparative Analysis: Federal Law and Legal Systems in US & UK

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Added on  2023/06/10

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This essay provides a comparative analysis of the federal legislative systems of the United States and the United Kingdom. It begins by outlining the US system, emphasizing the separation of powers among the legislative, executive, and judicial branches, and the unique feature of state-level constitutions and supreme courts within a federal framework. The essay then contrasts this with the UK's bicameral system, highlighting the roles of the Queen, the House of Lords, and the House of Commons in the legislative process. The analysis underscores that while both countries operate under a form of federal governance, their structural frameworks differ significantly, reflecting the specific needs and historical development of each jurisdiction. The conclusion reinforces that federal structures are adaptable and can be tailored to suit the unique requirements of individual countries.
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Running head: LAW AND LEGAL SYSTEMS
LAW AND LEGAL SYSTEMS
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Author Note
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1LAW AND LEGAL SYSTEMS
Introduction
The development of the legislative system of the United States has evolved from a
monolithic approach to a more dynamic system of Federalism defined through constitutional
provisions in the Bill of Rights. This system’s ultimate feature is a separation of powers and
functions to ensure absolute fairness and the unfettered carriage of justice. Separation of powers
provides clear indications to the powers and limitations of each wing of the government namely
the legislature (to make laws), the executive (to enforce laws) and judiciary to interpret laws
(Schaible, 2013). The purpose of this is to eliminate all forms of ambiguous and arbitrary
conduct among those who administrate and regulate the same. This ensures that all those subject
to the lex loci are treated as equals before the law. The following paragraphs will analyze and
contrast the federal legislative system of the United States with that of the United Kingdom.
U.S. Legislative System- An Analysis
A federal system of government refers to a two-tier form of governance. This usually
implies a federal government forming one tier which governs and regulates legislative action on
a federal level and various state governments that govern and regulate legislative action within
their respective jurisdictions (Mergel, 2013). The United States federal legislative system is
especially unique as each state has its own constitution and its own supreme court (to represent a
unique feature in the judicial system as well). These sufficiently handle all legislative actions that
are confined to their jurisdiction apart from subject matters that are reserved for the exclusive
jurisdiction of the Federal Government. An example of this is federal law enforcement which is
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2LAW AND LEGAL SYSTEMS
overseen by the Federal Bureau of Investigation which has exclusive jurisdiction over various
subject matters which cannot be handled by state law enforcement.
Contrast
The United Kingdom also follows a similar bicameral system of governance however it is
significantly different from the structure of the United States legislative system. The structural
framework of the legislature in the United Kingdom follows a hierarchical system. This has the
sovereign who is the Queen at the head of the legislative functions. However there are two more
important governing bodies which form the basis of the federal system of governance. These are-
the Upper House which is the House of Lords and the Lower House which is the House of
Commons (Kellermann, 2016). In case of legislative action in the United Kingdom a bill is
introduced into the lower house and is voted on, it then moves to the upper house where it is
further voted on and modified. Once it passes through these processes it receives royal assent and
obtains the force of law. In the United States the state governments enacts law within their
legislative jurisdictions and the Federal government enacts laws on a federal level based on their
exclusive jurisdiction (Wiles, 2015).
Conclusion
To conclude a federal structure of government always refers to the two-tiered system of
governance but it does not ideally imply that the structure would be constant for all jurisdictions
that follow such a framework. Layered governmental agencies can be structured based on the
needs of that particular jurisdiction.
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3LAW AND LEGAL SYSTEMS
Reference List
Kellermann, M. (2016). Electoral vulnerability, constituency focus, and parliamentary questions
in the House of Commons. The British Journal of Politics and International
Relations, 18(1), pp.90-106.
Mergel, I. (2013). Social media adoption and resulting tactics in the US federal
government. Government Information Quarterly, 30(2), 123-130.
Schaible, W. L. (Ed.). (2013). Indirect estimators in US federal programs (Vol. 108). Springer
Science & Business Media.
Wiles, W. W. (2015). Federal Reserve System. System.
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