A comparison of the bases of the distribution of powers in the Westminster constitutionalism and the US constitutionalism

Abstract

Abstract provided by author:

After having completed my studies in Germany I was again confronted with Constitutional Law during my studies at the University of Namibia. The Namibian Constitution was therefore the second Constitution which I analysed in detail. Once again it became evident to me that the constitutions have some principles in common. That was one reason why 1 was very interested in the history of the development of constitutionalism in general. One of the most interesting points for me and which is regulated in Namibian Constitution as well in the German Constitution (Grundgesetz) is the principal of separation of powers. The discussions in respect of this topic since the old Greeks are from a philosophical point of view as well from a juristic point of view very interesting

Westminster constitutionalism and US-American constitutionalism are regarded as the two basic forms of constitutionalism. They are examples for many constitutions in the world. Both of them have their own way dealing with the distribution of powers in the state

The main issue in this dissertation was to establish how the said systems are addressing the issue of distribution of powers and whether there are considerable differences in the systems and further how the two systems influenced the Namibian Constitution

In a very short conclusion one can say that the systems are distinguishable on the basis of separation of powers. The English have a parliamentary system of government, whereas the Americans have a presidential system. Under both systems, the functions of government are separated into legislative, executive, and judicial branches, but there is no clear separation of personal under a parliamentary system. Constitutional and legal development in England and the political history of the Greek and Roman republics also influenced the thinking of the Framers of the US Constitution. But it is the English Constitution, including the English charters of liberty and the English legal system, that had the greatest impact on American constitutional development. However, certain features of the English Constitution were rejected by the Americans. The American Constitution therefore represents a blending of English and American constitutional traditions

The Namibian Constitution is, in part, an attempt not to repeat the mistakes of a constitutional history dominated by the Westminster model of constitutionalism. For this reason, it draws on aspects of American constitutionalism and on the international wave of constitutional developments during the latter part of the twentieth century