Pros And Cons Of An Unwritten Constitution Of The UK

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

The Differences Betweek the UK and US Constitutions The constitution of a state, at its most basic, can be described as the fundamental principles from which it is governed, usually defining how power is split up within it and thereby constructing a framework within which it operates (www.oed.com). In this essay, I will first provide a brief summary of the UK and US constitutions and then attempt to outline the key differences and similarities between the two and discuss whether the differences really do pale in comparison with the fundamental similarities. Queen Elizabeth the 2nd once said, “The British constitution has always puzzled me” (Hennessy, 1996) and this certainly becomes

The Advantages and Disadvantages of an Unwritten Constitution in the UK The UK has an unwritten constitution unlike the U.S.A. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E.U law. It is misleading to call the British constitution unwritten; a more precise form of classification would be un-codified. This means that the British constitution has no single document, which states principles and rules of a state. However, The British constitution clearly sets out how political power is allocated and where it is legally located. The British constitution is still visible and it defines composition and powers of the main offices and

Britain, to begin with, has no written constitution due to the country’s own constitutional structure’s stability. It remains uncodified, yet it’s legal sources stem from Acts of parliament, European Union law, equity and common law,. Therefore the varying powers of parliamentary sovereignty and the rule of law will be considered against these sources.

Document C says that he Constitution guards against tyranny by using a system of checks and balances by having

A governmental system is required in each aspect of our lives to maintain justice and regulate order through a reasonable and unbiased approach. Rules and regulations need to be implemented within society to ensure that the fundamental freedoms of individuals are guaranteed, both equally and justifiably. This paper will discuss the importance and relevance of constitutions to our everyday lives, with a particular focus on the Canadian Constitution and how it essentially allows us to live in a democratic and free society. According to Christopher E. Taucer, constitutions “empower the government by setting out bodies with authority and their powers and limits on that authority,” (2001, 1) and hence, lay out the collective values within a

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

A constitution is a set of rules which may be written or unwritten, establishes the distribution of power in a political system, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself. An uncodified constitution is unwritten, or at least not written all in one document. The constitution in the UK is found in a variety of sources which are mainly statute and common law, conventions and traditions, European law etc. There are arguments for the UK to both retain an uncodified constitution and to change this to a codified constitution like the USA. Some of the arguments for retaining the uncodified system are that; codification produces

It is necessary for the better understanding of the topic to discuss briefly codified and uncodified constitution and give definitions for both of them. According to Heywood (2013), a codified constitution is a single legal document that is popularly known as a ‘written constitution’ and that contains key constitutional provisions. However, the traditional approach is to distinct written or codified constitutions with unwritten or unсodified constitutions. Ryan and Foster (2014) notify that unсodified constitution is made up of rules from different sources. In other words, it is not a single document. Also, Finer, Bogdanor and Rudden (1995) describe an uncodified constitution of the United Kingdom as indeterminate and indistinct. According to Garner, Ferdinand and Lawson (2009), only three liberal democracies that are Israel, New

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

Some judges in their obiter dicta have declared their inclination to disregard the Parliament’s legislative objectives, and therefore limit parliamentary sovereignty if the rule of law is vulnerable or if the circumstances demand “a principle established on a different hypothesis of constitutionalism” . They have also suggested that, while the British Constitution is dominated by parliamentary sovereignty, “The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based” . This represents a possibility of stretching the dominance of the rule of law in constitutional law so that it becomes more powerful than parliamentary sovereignty in the British Constitution .

A written constitution is precisely a charter that has been codified, in that the rules and regulations that citizens / individuals must abide by are stated in a single document format. Although elements of the UK constitution are written e.g. the statute law, sections of

Unwritten constitutions are flexible as they are not entrenched, and flexibility is extremely important and useful as the modern day is constantly changing.

“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)

Constitution conventions are instruments that form the New Zealand constitution. They are customary non-legal rules that modify and regulate the nature of the constitution or government . Conventions were introduced through customs that develop over-time and are dependent on those who construct and obey the law, becoming entrenched. The nature of conventions itself are flexible, therefore it cannot be judicially enforced . Statutes are vital to the consitution, they are written sources of legislation, where they can be legally enforcable especially in courts, therefore cannot be flexible in ways that conventions are viewed . Statutes hold vital rules that are used to restrain the executives actions, they also are used to enact authority through courses of actions or prohibiting certain matters.