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Constitution - Sources and Codified Debates

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Introduction

Constitution Questions What is a constitution? A constitution is an authoritative set of laws and practices specifying how a state is to be governed and the relationship between the state and the individual. A constitution can be written (codified) or unwritten (uncodified) and provides the framework for the political system. The UK's constitution is uncodified and determines where sovereignty resides within the state. Explain, using examples, the sources of the UK constitution. Due to the UK's uncodified constitution we have to look for the key rules of the political system in different places. One source of the UK constitution is statute law which is law created by Parliament. There have been many recent examples of statute law that were of major constitutional significance, including the Scotland Act (19980 which created a Scottish Parliament, the Human Rights Act (1998) and the House of Lords Act which looked at removing hereditary peers. ...read more.

Middle

The UK has an uncodified constitution which is relatively uncommon in today's world with only two other countries, Israel and New Zealand having an uncodified constitution. There are arguments on both sides as to whether the UK constitution should remain uncodified or not. One of the arguments for having an uncodified constitution is its flexibility and its ability to cope with the ever changing political process, due to the fact it can be changed by Parliament through statute law. This ability has since allowed devolution for Scotland and Wales in 1997 and the passing of the Human Rights Act in 1998. The constitution has proven its worth, operating effectively with no major problems arising from having an uncodified constitution as it can constantly change to suit the circumstances of the current time. Another argument for an uncodified constitution is that it has evolved and developed alongside the country so that its rules and laws remain relevant to the people of Britain, thus meaning that it reflects the history and values of the British. ...read more.

Conclusion

rights were simply based upon common law assumption from the public. Although this Act has outlined the basic rights citizens of the UK hold it still does not give them inalienable rights so its provisions can be set aside by Parliament and by the government of the day. With regards to the citizens, a codified constitution would help them to establish values and principles on which the politics of the UK is based, it may help educate them and understand their countries power and ruling. Overall I believe that although a codified constitution may help more people understand their core political values and principles, but this is simply not necessary as the country has been able to function effectively with an uncodified constitution. The room that the uncodified constitution leaves for interpretation allows for more flexibility allowing the constitution to develop alongside the country as seen by devolution and the Human rights Act. In conclusion I believe the UK's constitution should remain uncodifed. ...read more.

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