This assignment is designed to provide a clear explanation of two statements such as: (1)‘it is as false to claim that the United Kingdom does not have a constitution’ as (2)‘it is to claim that the constitution that the United Kingdom does possess is uncodified’”. In other words to consider whether the UK have a constitution; if yes, what kind of a constitution the UK possesses. To answer these two statements one should define the meaning of a constitution and its purposes; what are the differences between written and unwritten constitutions; whether the British constitution is uncodified or codified.
Each country has a government that it is governed or arranged by set of rules that is known as a constitution. There are many definitions of a constitution. Professor Alder believes that ‘a constitution provides a framework of rules that creates the structure and functions of a human organisation’ . In this context a human organisation means a state. Judge Laws asserted the definition that a constitution is ‘set of rules which governs the relationship in a state between the ruler and the ruled’.
The main purpose of any constitution is to provide protection for the individuals and their rights from abuses of the ruler and gives regulations on how to govern the individuals. Also the idea of a constitution is an idea of rules that define and legitimize governmental power. This kind of power goes to a state from a constitution. This means that usually a constitution is drawn up before a government is formed as a result of the constitution.
Many countries have a written constitution, such as the USA or France, in the form a written legal document where the states formulate and write down the important legal principles or system of rules which accurately defines the power and relationship between the branches of the state; and the relationship between the state and its citizens. For example, such constitution may be raised as a reaction of revolutions or from...
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