Discuss whether the idiosyncratic nature of the UK Constitution, from a wider European perspective, is a sufficiently powerful reason to pursue a codified Constitution for the United Kingdom.
To codify or not to codify, that is the question, which this essay will address by defining codification and considering its relative merits and appropriate for UK legislation.
Before exploring the tasks set, it is important to contextualize codification and a constitution through a definition.
A constitution is a set of rules, set by the legislature that defines the powers and duties of the government and the relationship between the state and an individual.
…show more content…
An unwritten constitution can be changed in the same process for enacting statue law.
The UK is one of three democratic states without a constitution. The other two are Israel and New Zealand. The uncodified nature of these constitutions can be said to be bizarre and some would say that this is a strength and others would argue that it is a weakness. If the UK were to codify its constitution, there would not be a clear precedent to follow, as a written constitution is not traditional.
The British Government has been one of the most centralized in Europe. There are many arguments as to whether the UK should adopt a federal government. ‘Federalism’ is used to describe a government in which sovereignty is constitutionally divided (division of powers) amongst central and regional bodies rather than one legislative body, as in the UK. If the UK were to adopt federalism, this would create a balanced system so there would not be one particular level, which would be dominant and dictative.
There are many arguments for and against a codified constitution for the UK.
The strongest argument in favour of a written constitution is that in doing so, it would protect rights of an individual and the
Constitution ~ a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
Think of the word tyrant. Now just imagine that there was a simple and easy way to stop him or her. That’s what the constitution has done for the U.S.A. Our Constitution has protected us against tyranny since the day it was drafted. The constitution is an official document that was written in May 1787 in the city of Philadelphia Pennsylvania. The purpose of the constitution is to form a central federal government, to form a separation between federal and state rights, and to give personal liberties to its citizens.
One strength of the UK constitution is the flexibility that it has, for the reason that the constitution is uncodified or unwritten and is therefore not entrenched in law. Due to the fact that the UK’s constitution is uncodified or unwritten, it has an opportunity to modernise itself to the ever changing society or any other new circumstances that may arise. An example of the flexibility of the UK’s
There is much debate in political theory about the definition of a constitution. Generally, it is considered as a
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to
The United States Constitution established the nation’s national government and fundamental laws as well as implemented basic rights for all citizens. On September 17,1787, the United States Constitution was created by delegates in the Philadelphia, which allows each branch to uphold different work ethics and to ensure that each branch has equal authority. A written constitution clearly defines the limitation that each government, branches, and citizens can obtain in order to have a democracy world rather than a dictatorship. United States Constitution allows residents to understand their rights and to familiarize themselves with their state and federal government’s laws. It is important to understand that the written constitution does not
When people gather together for form a society, they will automatically need a fundamental law (constitution) that will be above everything and everyone. Constitution is what actually regulates a country. It provides rights and set up obligations for everyone. The United States constitution is one of the greatest documents ever written. It provides liberty, prosperity, equality, more importantly huge freedom. However, the ratification of the U.S. constitution was not an easy task. The farmers had trouble to agree on several issues such as the representation and distribution of political powers; how to prevent excessive democracy; and the protection of individual liberties, etc.
Explain the primary purpose of the Constitution and identify the main rights we as US Citizens all share due to our Constitution. ( CO 3)
Imagine sitting in a room full of 54 other men in the summer with no air conditioning so your country can have a strong government with equal power. The constitution was written because the Articles of Confederation was to weak. They wanted to have a strong government but one that protected against tyranny. Tyranny is when one person or one group of people have more power than another person or group of people. The constitution guarded against tyranny with federalism, separation of powers, checks and balances, and congress.
Another statute that supports that indeed the British constitution is becoming more codified is the 2005 constitutional reform act which separate the judiciary form the executive and legislature by creating a supreme court court which more adopts the idea of separate powers mostly found n codified constitutions like the US for example , it also took over the judicial work of the house of lords, establishing the judicial appointments commission. The prospect of a coalition government in 2010 opens up the discussion even more as it led to the coalition agreement for stability and reform and called for constitutional clarification by the cabinet secretary, which demonstrates that indeed the constitution is becoming more codified as
The UK’s unwritten constitution, formed of Acts of Parliament [AoP], Royal Prerogative [RP], Constitutional Convention [CC] and Case Law [CL], prompts much debate about the ease of which constitutional change can be introduced. A written constitution is, by definition and practice, hard to alter however it remains to be seen whether it is any easier to change an unwritten
On the other hand a codified constitution would clarify the nature of the political system to its citizens. Currently in the UK the constitution is not easy to find which makes it difficult for the UKs citizens to learn the nature of the political system but also all the rights that as a citizen of the UK you should enjoy. For example in the USA the bill of rights is a part of their constitution and every citizen can gain access to these rights. In the USA the whole constitution is on one document and all citizens have access to it. This may make it easier for the UK as a whole to understand the British
The British constitution is flexible in nature, which has allowed for the development of this country over centuries without the need for a fully codified constitution. I
The Arguments For and Against a Codified Constitution A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them, and define the relationship between the state and the individual. The most common way of classifying constitutions is to distinguish between codified and uncodified. The UK has an uncodified constitution.
Constitution is the basic principles and laws of a nation, state or social groups that determine the powers and duties of the government and guarantee certain rights to the citizen (Merriam-Webster online dictionary, n.d). In other words, it is a set of guidelines for a government to exercise the given power.