Should the Uk Retain Its Uncodified Constitution Essay

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

A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated

The first way that the Constitution helped with the weaknesses of the United States were the different ways it made passing laws more fair. When amending a document the Articles of Confederation needed 13 out of 13 people to approve of the document. The Constitution provided a more reasonable way by having ⅔ of both houses and ¾ of the state legislature. This is a better method because not 100% of people are going to agree on everything. The same type of thing worked when passing laws. 9/13 people needed to approve in the Articles of Confederation while it’s now 50% +1 of both houses plus the signature of the President. This allows for things to be more fair and it makes sure everyone in power somewhat agrees on what is going on and not just a couple of people are deciding on what the citizens new laws will be.

A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to

The executive can exercise significant control over the legislative process in the House of Commons. Therefore power is concentrated amongst representatives who have been democratically elected and have a mandate to govern in place of appointed judges or bureaucrats who cannot be held accountable. A codified constitution would place constraints on the government making it less decisive and therefore less strong because government would be reluctant to act in case it is seen as opposing the constitution.

The Constitution guards against tyranny by having checks and balances. Checks and balances is when each branch of government holds some control over the other two branches. The Executive branch can appoint judges in the Judicial. The Judicial branch can declare laws unconstitutional in Legislative. The Legislative branch can override a veto in Executive. (The American System of Checks and Balances diagram). Checks and balances guards against tyranny because as each branch is checking over each other in order to see if they are doing anything

To demonstrate this idea, James Madison wrote in The Federalist Paper, “Liberty requires that the three great departments of power should be separate and distinct” (Document B). This quote highlights, that when each branch of government has completely different powers than the others, then neither will get too much power to cause tyranny. Madison describes earlier, that it is possible to have tyranny in democracy, because he explains how a majority of people can act like tyrants, not just one person, so that is why each branch had distinct powers written out in the Constitution. In order to prevent this from happening, as stated in the Constitution, the judges of the Supreme Court cannot be elected to the House of Representatives, because this would cause the judicial branch to have the most power with an unfair advantage. For instance, in Document B, there is a source from parts of the Constitution, describing these powers, such as how the legislative branch makes the laws.

The Constitution is our nation's most important and famous document and is the much more polished version of The Articles of Confederation, which were ultimately a disaster for our nation. The Constitution is a far better outline for our nation's government because it gives the central government the necessary powers to run the country efficiently without disregarding the rights of the citizens.

Some may believe that the Declaration is more important than the Constitution because Americans would not be independent, and would still be ruled by Britain, without it. This is true, however, the political laws that kept Americans under secure rule ensured that America would maintain what was was gained with the writing of the Declaration. Any place, whether it be a country, a workplace, or a school, needs to have laws, or rules, to keep the establishment running well. Without these laws, complete pandemonium would have erupted. The governmental laws found in the Constitution have kept this from happening in the United States. To elaborate, the principles in the Constitution guaranteed many things. One of these things is that all of the power

The Constitution is the cornerstone of America. It has lasted longer than any republican government on Earth. The constitution has lasted far longer than the framers of the constitution had expected. The constitution should not be changed because it is fundamentally sound and applicable to today’s society. That is not to say that there isn’t some changes warranted, but the changes to the constitution are allowed and the process to make these changes via amendment are spelled out within the constitution itself. Currently there are have been approximately 11,000 proposals within congress to amend the Constitution since 1789 of those thirty three have been passed. (Senate.gov)

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

I believe that popular sovereignty is the most important idea in the constitution. Popular sovereignty states that “the people rule”. I think that this idea is important for various reasons. Some of which are that it keeps the leader from becoming too tyrannical, it protects the citizen’s rights, and it also protects the citizens from the government. I think all these preventions are important because they make the US what it is today.

It is generally considered that codified constitutions are an essential element of democracy in that by clearly setting out the functions of each branch of government and their relations with each other and their citizens, this prevents an over powerful executive developing and ensures rights of citizens are protected. However, I believe that codified constitutions are not an essential element of democracy as there are examples of robust democracies which have uncodified constitutions and at times codified constitutions are more of a hindrance than a help to the democratic process.

The need to define where power lies is a key point in the argument for

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.