Does The UK Need A Codified Constitution?

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

In codified constitutions, laws are entrenched which makes it harder for them to evolve and adapt to modern requirements because it takes a long time for a response due to the required procedures, which might involve gaining two-thirds majority in the legislature or approval by referendum. As a result, one can argue that countries with codified constitutions struggle to find a resolution to their dogmatic laws. For example, the USA are still unable to introduce stricter gun laws because it opposes the constitutional right for citizens to bear arms, even though

Following on from the preceding discussion, then, it is possible to explore the types of constitution in existence. From the aforementioned distinction, we can observe correct – rule with a view to the common good – and deviated – rule with a view to the private advantage – constitutional arrangements. Within each of these are three types of constitution. The three correct types of constitution comprise a kingship, an aristocracy, and a polity; the three deviated types of constitution consist of a tyranny,

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

This book emphasizes the alternative interpretations offered by Americans on the origins of the Constitution. Holton’s purpose with this book was to show that the framers interests involved making America more attractive to investors. In order to do so, they purposefully made the government less democratic with the writing of the Constitution. However, with the addition of the Bill of Rights, one could argue the Framers had at least a slight concern for the American people and their civil liberties.

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.

First, society grows; a government becomes needed, and in turn laws. Next, because of growth and the inability to gather the people all together, elections become needed. He describes these simple concepts as “the best balance between government and society” (Paine, n.pag.). After clearly explaining to the people his ideas, he uses his concepts to discredit the “monarchial and aristocratic tyranny” (Paine, n.pag.) in the English Constitution. He further examines the lack of appropriate checks and balances, and charges it as unable to “be the gift of a wise people” (Paine, n.pag.). In this section, Paine successfully illustrates an expectation of appropriate government, in a basic construction that puts organization to the public’s desires.

In this essay, I would like to analyse why the reform of the British constitution is seen as unfinished business. Constitutional reform is when the system of government and how government institutions interact is changed. This has also meant the codification of some components of the constitution in the UK. Between 1997 and 2007, there were a considerable number of constitutional reforms introduced by the Blair governments. These reforms included devolution in Scotland, Wales and Northern Ireland, decentralisation, reform of the House of Lords and Commons, creations of new legislation granting greater freedom and rights within the UK, and so on. However, some of them are yet to be accomplished or in progress related to the electoral and

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

“Parliamentary sovereignty is no longer, if it ever was, absolute” (Lord Hope). Discuss with reference to at least three challenges to the doctrine of parliamentary sovereignty. Parliamentary sovereignty is the concept that Parliament has the power to repeal, amend or create any law it wishes and therefore no body in the UK can challenge its legal validity. There are many people who would argue that this is a key principle to the UK Constitution, on the other hand, there are those who strongly believe that this idea is one of the past, and that the idea of the UK Parliament being sovereign is false. One of these people is Lord Hope, who said “Parliamentary sovereignty is no longer, if it ever was, absolute”. During the last 50 years there have been a variety of developments that have proved to be a challenge for the legitimacy of parliamentary sovereignty, and the ones which will be examined in this essay are: the devolution of powers to the Scottish Parliament; The United Kingdom’s entry into the European Union in 1973; and finally the power of judicial review. Starting with the devolution of powers, these challenges will all be evaluated when discussing whether or not the doctrine of parliamentary sovereignty applies to the United Kingdom. Westminster’s sovereignty has been gradually diminishing over time as varying amounts of power have been devolved to Northern Ireland, Wales and Scotland. In this essay, the devolution of powers to the Scottish Parliament will be

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

A codified constitution would describe and entrench the structure of government, the relationship between different parts of government and the relationship between government and citizens. So it would therefore prevent arbitrary government. An introduction of a codified constitution would protect the rights of the citizens. It is argued that citizen’s rights can only be protected if they are entrenched in a codified constitution.

New Zealand is one of the countries in the world that has unwritten consititution and it is vital because it is the base of a government on how to govern a country based on it. Having a written constitution in New Zealand will give New Zealanders more access about certain documents on the consitution itself. On the other hand, if New Zealand continuously having an unwritten constitution, the citizen may not have knowledge on it due to limited access on it. This essay will clarify on constitution and what is a written constitution. This essay also covers the need to include the Constitution Act 1986, the Public Finance Act 1989 and the Arms Act 1983 and removing the Public Sector Act 1988 from it.