Discuss and Analyse the Arguments for and Against Adopting a Codified Constitution in the Uk.
Discuss and analyse the arguments for and against adopting a codified constitution in the UK.
A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government. They also regulate the relationship between and among the institutions and define the relationship between the state and the individual. There are many different types of constitutions. The constitution that is in place in the UK is an uncodified one. In other words, it is not written on a single bill and consists of various written and unwritten sources. An uncodified constitution is not judiciable, not authorititative and also not entrenched. A codified constitution on the other hand is written on a single document. Codified constitutions have three key features. In a codified constitution the document itself is authoritative in the sense that it constitutes ‘higher’ law. The constitution binds all political institutions, including those that make ordinary law. The provisions of the constitution are also said to be entrenched. This means that they are difficult to amend or abolish. As a codified constitution sets out the duties, powers and functions of government institutions in terms of ‘higher law’ it is judiciable. This essay will highlight the fact that the UK should not adopt a codified constitution as an uncodified one which is in place happens to be superior.
On the one hand there are many arguments supporting the view that the UK should adopt a codified constitution. If a codified constitution was introduced it would significantly affect the power of government, the relationship between the executive and Parliament and the relationship between judges and politicians. One argument is that a codified constitution would make rules clearer. Key constitutional rules are collected together in a single document; they are more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. There
A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government. They also regulate the relationship between and among the institutions and define the relationship between the state and the individual. There are many different types of constitutions. The constitution that is in place in the UK is an uncodified one. In other words, it is not written on a single bill and consists of various written and unwritten sources. An uncodified constitution is not judiciable, not authorititative and also not entrenched. A codified constitution on the other hand is written on a single document. Codified constitutions have three key features. In a codified constitution the document itself is authoritative in the sense that it constitutes ‘higher’ law. The constitution binds all political institutions, including those that make ordinary law. The provisions of the constitution are also said to be entrenched. This means that they are difficult to amend or abolish. As a codified constitution sets out the duties, powers and functions of government institutions in terms of ‘higher law’ it is judiciable. This essay will highlight the fact that the UK should not adopt a codified constitution as an uncodified one which is in place happens to be superior.
On the one hand there are many arguments supporting the view that the UK should adopt a codified constitution. If a codified constitution was introduced it would significantly affect the power of government, the relationship between the executive and Parliament and the relationship between judges and politicians. One argument is that a codified constitution would make rules clearer. Key constitutional rules are collected together in a single document; they are more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. There