[Get Answer ]-Guestion 2

Question Description

Background to the Question

As I believe we have already notedpreviously, that United States Constitution was adopted at a time whengovernment itself was seen as a problem – a threat to individualliberty. Hence the United States Constitution was written as, andlargely remains, a marginal safeguard system against hasty majorityaction. Under its separation of powers system, the President is electedby a different system, for a different term, and by a differentelectorate than either of the houses in the Legislature. The Congressitself is divided into two houses, each of which is also elected by adifferent electorate (state-wide versus Congressional district) and for adifferent term. Originally the Senate (chosen by state legislatures,not direct election) was also elected by a different system than theHouse. And, of course, there are also the federal courts, each of whichcan declare unconstitutional laws passed by the Congress or statelegislatures, and decisions of state courts. And judges hold theirposition for life

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Add to this the federal system which divides thetotality of government power between the states and the federalgovernment, the checks and balance system designed to preserve theessence of the separation of powers system, and the Bill of Rights andits application to the states via the 14th Amendment, and you have a system well designed to protect the people from the Government.

Bycontrast, the British political system is unitary and parliamentary.There is no federal division of power and the legislative and executivebranches are fused together in the Parliament to make policy makingeasier. There is a Bill of Rights, but every part of it can be rescindedby a simple parliamentary majority. In fact, before the United Kingdomjoined the European Community, and subjected itself to the supremacy ofthe EC in a very narrow area of policy making, there was nothing thatParliament could not legally do. More precisely, there was nothing that amajority in the House of Commons could not do, because the House ofLords for most of the 20th century could only delay the passage of legislation, not prevent it.

The Question:

Should the British people be (more) worried about their rights being violated than Americans? If not, why not? If so, why?

You may refer to whatever sources your choose in answering.

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