Despite the picture above, this is a short piece of comparative politics, comparing the US Constitution with that of the EU, taking in some lessons from the UK. I have just watched The Original Intent of the [US] Constitution by Prof. Mark Stoler. This taught me some things and this essay reviews these points and looks at lessons for the UK, the EU and the rest of the world.
I look at the “Separation of Powers” vs “Parliamentary Sovereignty”, note that checks and balances are designed to protect the [untitled] aristocracy against the mob, that without the Bill of Rights, the US Constitution may well not have been agreed. I note the desirability of a basic law, with the ability to amend, but not as flexibly as is the case in the UK. I look at constitutional inflexibility in the residual construction of the US Senate and the EU veto. I look at the need for federal taxation powers. I have concluded that parliaments need a freedom of action, and the freedom to negotiate between party programmes. The paradox is that they need to be constrained which is why we need human rights law.
The lecture to me reinforces the need for a subsidiarity guarantee within a constitution, including taxation powers, and a human rights guarantee, remembering that human right law is designed to protect you from the Government. Vetoes are a topic for another day, although much of the failings in the US Constitution can be placed at the door of single seat constituencies, including the Presidency, elected by simple plurality, or indirectly in the case of the Presidency. I say more overleaf ….
