Anaya Nolan
The USA and UK legal systems have evolved from the same common law, resulting in similarities in proceedings, evidence presentation, and rulings. However, the introduction of the Bill of Rights in the US Constitution has led to significant differences in their legal codes. The federal nature of the US government also plays a role in the variations between the two countries' justice frameworks. The US has both Federal and State courts, with each of the 50 states retaining its own variation of laws, while the UK has distinct laws for sub-division regions like England, Wales, Scotland, and Northern Ireland. Differences in the law-making process, legal terminology, and judicial procedures contribute to the unique characteristics of each country's legal system.
| Characteristics | Values |
|---|---|
| Name of the legislative body | US: Congress; UK: Parliament |
| Number of houses | US: Two (House of Representatives and the Senate); UK: Two (House of Commons and the House of Lords) |
| Head of the state | US: President; UK: Queen |
| Power to veto a bill | US: Yes; UK: No |
| Judicial system | US: Federal and state level; UK: Sub-division regions with their own laws |
| Legal professionals | US: Lawyers (litigators and non-litigators); UK: Solicitors and barristers |
| Criminal record expunging | US: Possible; UK: Not possible |
| Cameras in the courtroom | US: Allowed; UK: Not allowed |
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What You'll Learn
The UK's House of Commons and the US's House of Representatives
The House of Commons is directly elected, with each constituency in the UK having its own Member of Parliament (MP). People vote for their preferred candidate, and the one who garners the most votes becomes the MP to represent their constituency in the House of Commons. MPs must be at least 18 years old and can be British, Irish, or Commonwealth citizens, with no restrictions on where they can stand for election. Members of Parliament are elected to serve for five years, and voting happens simultaneously, resulting in a new House of Commons after each election.
On the other hand, the House of Representatives is also directly elected, but the US is divided into states instead of constituencies. Representatives must be at least 25 years old, have been a US citizen for seven years, and must live in the state they represent. They are elected to serve for two years. Similar to the UK, the House of Representatives can initiate bills, which are ideas for new laws. These bills can also originate in the Senate, the upper house of the US legislature.
While both houses play a crucial role in law-making, there are differences in the legislative processes between the UK and the US. In the UK, after a bill has been debated and agreed upon by the House of Commons, it moves to the House of Lords for further discussion. Once the bill passes through both houses, it is sent to the Queen, the Head of State, for final approval. The Queen's signature transforms the bill into law, known as an Act of Parliament.
In contrast, the US legislative process involves sending the approved bill to the President, who is the American Head of State. The President has the power to sign the bill into law or reject it through a veto. This system of checks and balances ensures that neither Congress nor the President has excessive power and promotes democratic ideals.
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The UK's House of Lords vs the US Senate
The UK's House of Lords and the US Senate are both secondary chambers in their respective legislatures, but they differ in several key ways.
The House of Lords is the upper house of the UK Parliament, while the US Senate is one of two legislative chambers in the US Congress. The House of Lords is primarily a revising chamber, reviewing and proposing amendments to legislation that has been passed by the elected lower house, the House of Commons. In contrast, the US Senate has more extensive legislative powers, including the power to initiate legislation and amend bills passed by the House of Representatives, the lower house of the US Congress.
One significant difference between the two chambers is their composition. The House of Lords is composed of appointed members, known as peers, who are appointed by the monarch on the advice of the Prime Minister. The House of Lords includes both hereditary peers, whose membership is inherited, and life peers, who are appointed for their lifetime. In contrast, the US Senate is composed of elected officials, with each state electing two senators to represent them in Congress.
Another difference lies in the powers and functions of the two chambers. While both play a role in the legislative process, the US Senate has additional responsibilities and powers not held by the House of Lords. For example, the US Senate has the power to ratify treaties, approve presidential appointments, and conduct impeachment trials for federal officials. The House of Lords, on the other hand, has a more limited role in holding the government to account and scrutinizing legislation.
In terms of size, the House of Lords is significantly larger than the US Senate. With almost 800 members, it is the second-largest legislative chamber in the world, after the National People's Congress of China. The US Senate, on the other hand, consists of 100 senators, two from each of the 50 states.
There have been proposals to reform the House of Lords, including calls for it to be replaced by a fully or partially elected chamber. Some have suggested that it should be renamed the "Senate of the United Kingdom" to reflect its changing nature. However, these proposals have not yet come to fruition, and the House of Lords continues to play a crucial role in the UK legislative process.
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The UK's Queen vs the US President
The UK and the US have different processes for making laws, with the UK's involving the monarch, and the US's involving the President. In the UK, laws are made by the Houses of Parliament, which is split into two parts – the House of Commons and the House of Lords. Once a bill has been debated and agreed upon by both houses, it is sent to the Queen, who is the Head of State. The Queen has to personally sign every bill, making it into law, which is called an Act of Parliament. The monarch's role in law-making is not just ceremonial, as they are considered to be the source of all justice in the UK. The Crown is not bound by statute or common law, and the monarch cannot be personally prosecuted or litigated against. The monarch's Coronation Oath, which has been in place since 1689, includes a pledge to "Cause Law and Justice in Mercy to be executed" in "all [...] judgements".
In the US, laws are made by Congress, which is also split into two parts – the House of Representatives and the Senate. Bills can be proposed by sitting members of Congress or by citizen groups, and they must go through both houses, with a vote being held in each to see who is in favour. If more than half of the members agree, the bill is sent to the President, who is the American Head of State. The President can either sign the bill, thereby making it into law, or they can reject it, which is called a veto. However, in most cases, Congress can vote to override the veto and the bill can still become a law.
While the Queen of the UK has a more symbolic role in law-making, with her assent being a formality, the US President has more power to influence the law-making process. They can veto bills, although this power is balanced by Congress's ability to override a veto. The Queen, on the other hand, has fewer direct powers, although she does have specific legal powers referred to as the royal prerogative. These powers are mostly archaic, such as the right to sturgeon, swans and whales. The Queen also has other duties, such as appointing judges and magistrates, conferring titles, and creating peerages.
In conclusion, while both the UK and the US have similar law-making processes, with bills being proposed, debated, and voted on by two houses, the involvement of the Queen and the President differs. The Queen's role is more ceremonial, as she is required to sign every bill passed by Parliament, while the President has more influence, with the power to veto bills passed by Congress.
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The UK's barrister vs the US litigator
The UK's legal system is divided into barristers and solicitors, while the US has a unified profession, with litigators and non-litigators. Barristers in the UK are lawyers who argue cases in court, while solicitors manage civil matters. In the US, litigators are the lawyers who argue cases in court.
To become a barrister in the UK, students must complete an undergraduate law or non-law degree, followed by the GDL, and then the BPTC. They then undertake a year-long pupillage in a barristers' chamber. In the US, lawyers must complete a three-year law school education, which usually follows a four-year undergraduate degree. They must then pass the state bar exam to gain admission to the Bar Association in their state.
In the UK, barristers are typically specialised in a particular area of law, such as criminal cases. In the US, litigators can be classified as “corporate” or “transactional”, with specialisations in areas such as real estate, insurance, or family law.
Both the UK and US legal systems have evolved from the same common law and share similarities in proceedings, presenting evidence, and rulings. However, there are distinctions in the two countries' justice frameworks, with the US having both federal and state courts, while the UK's subdivision regions have their own laws.
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The UK's permanent criminal record vs the US's ability to seal records
The UK and US differ in their approaches to criminal records, with the UK maintaining a permanent record system, while the US allows for records to be sealed in certain circumstances.
In the UK, criminal records are kept by the police to retain information on an individual's criminal history. These records are held on two main systems: the Police National Computer (PNC) and the Police National Database (PND). The PNC records details of convictions, cautions, reprimands, warnings, and arrests, and this information is retained until an individual's 100th birthday. While it is possible to apply for the removal of a record from the PNC, certain convictions, such as court convictions, cannot be deleted. Additionally, individuals cannot apply for deletion if an investigation or court proceeding is still ongoing.
The US, on the other hand, allows for the sealing of criminal records in certain circumstances. Record sealing is the process of making public records inaccessible to the public, and it grants individuals the legal right to deny or not acknowledge anything related to their arrest or legal proceedings. While the federal system does not have a comprehensive set of statutes for expungement, several federal appellate courts have held that federal judges have the inherent power to expunge arrest and conviction records. The process for expungement or record sealing can vary depending on the specific state and federal circuit, and individuals may need to demonstrate that a true miscarriage of justice will occur if their record remains accessible.
The UK's permanent criminal record system ensures that comprehensive information on an individual's criminal history is readily available to law enforcement and other authorized entities. This can aid in criminal investigations, inform sentencing decisions, and help maintain public safety. However, it may also present challenges for individuals seeking employment or other opportunities, as their criminal records may be subject to disclosure.
In contrast, the US's ability to seal records offers a second chance for individuals who have served their sentences and demonstrated rehabilitation. Sealing records can improve employment prospects and help individuals reintegrate into society. However, the varying processes and criteria for record sealing across different states and federal circuits can create complexities and inconsistencies in the administration of justice.
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Frequently asked questions
In the UK, bills are debated in the House of Commons and then sent to the House of Lords. Once Parliament agrees on a bill, it is sent to the Queen, who signs it into law. In the US, bills are debated in Congress, which consists of the House of Representatives and the Senate. If a bill is agreed upon, it is sent to the President, who can either sign it into law or reject it.
The US and UK legal systems have evolved from the same common law and share similarities in presenting evidence, rulings, and proceedings. However, the US introduced the Bill of Rights to its Constitution, creating distinctions between the two systems. The US has federal and state courts, and each of the 50 states has its own variation of the law, whereas the UK has sub-division regions with their own laws.
In the UK, legal professionals are called barristers or solicitors, whereas in the US, they are generally referred to as lawyers, with litigators and non-litigators being further subdivisions.
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