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Essay plan - The UK should not have a codified constitution

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Introduction

´╗┐The UK should not have a Codified Constitution. 1. The system works well using the current system which has been used for centuries, causing no problems. 2. The difficulties of codifying the British constitution, some of the problems that may incur may involve who, how and what should be in the constitution. 3. The UK?s organic constitution works far better in practice than the US codified one. Example: Acts of Parliament can make and change possibly unjust laws far faster than a codified constitution with checks and balances, particularly seen with the slavery laws in Britain and the US respectively. 4. Uncodified constitutions are flexible as they are not entrenched like codified constitutions are. Due to the rigid and inflexible nature of codified constitutions, it is difficult for them to remain up to date and relevant. ...read more.

Middle

This means that there is a lack of democratic legitimacy and certain groups in society (e.g. ethnic minorities) may not get their opinions realised. The lack of democratic legitimacy amongst judges would lead to a democratic deficit because it acts on a limiting factor on governmental power. 7. There is no evidence that written constitutions protect the right of individuals. For example, the US constitution has done little to protect human rights, they had racial oppression until only 30 years ago. It also prevents important change such as the banning of firearms. 8. Does not provide political stability. For example Britain does not have a constitution and it is arguably one of the most politically stable countries in the world, as there has been no major political upheaval for 400 years. Whereas America has had a civil war, France has had dictatorship - numerous revolutions and gone through five different constitutions in 200 years. ...read more.

Conclusion

While this will not grant them absolute power to create a constitution that blatantly privileges them, it affords the government many opportunities to subtly affect the process to create a constitution more favorable to their ideology. 12. A written [codified] constitution leads to an obsession with the text itself. By establishing a formal document as the supreme law of the land, the state creates an incentive for all actors to interpret it in bad faith in order to suit their agendas. For example, in the United States, politicians, lobby groups, corporations, and citizens all fight over what the phrasing of the "Congress shall make no law respecting an establishment of religion" or "the right of the people to keep and bear arms" means. Conclusion 1. A codified constitution will protect the people, and keep them from a tyrannical government, but how effective will this be if the single document is vague, open for interpretation, and still vulnerable to other Key Term - Blue Example - Red TOP INFO LADS: http://idebate.org/debatabase/debates/constitutional-governance/uk-should-have-written-constitution ...read more.

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