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Should Britain adopt a written constitution?

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Introduction

´╗┐One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ? a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate?. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state?s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ?We the people...do ordain and establish this Constitution?. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is ?Should Britain adopts a written constitution?? ...read more.

Middle

They also apologized about the flight they hijacked to Stansted in 2000. The High Court had granted permission to stay however, Tony Blair did not. He said that it was an ?abuse of common sense?. (BBC News UK, 2006)[6] Lord Woolf had mentioned that, ?growing encroachment by the government on judicial independence is a warning that judges may need a written constitution to protect them from further political reference?. This happens to be one of the reasons to codify the constitution. Judges and the Courts are not seen to be supreme compared to the parliament and its decision is not binding. This diminishes the role and purpose of the courts. Lord Alexander states that the European Courts of Human Rights should be contained in the constitution as well to avoid trouble of going all the way to Strasbourg which occupies money and time. With a written constitution, the society would be able to identify their rights easily and not having to go through the hassle of collecting several documents to learn their rights. Lastly, many things are left to be understood and learnt about conventions and so on. The problems of having a ?codified constitution in the United Kingdom However, there are some problems the current government may have to deal with when codifying its constitution. ...read more.

Conclusion

In addition, if the European Convention of Human rights or the Human Rights Act 1998 has not been enacted into the UK then these could be argued for the codification of the UK constitution, hence since the ?ECHR? are effective in the Britain there is no point of having a codification. According to Professor Feldman ?ECHR possesses a special status? and the establishment of the Human Rights Act 1998 are therefore very much sufficient to be a good alternative to a codification to the Britain.[13] In conclusion, it doesn?t mean of adopting a Codified Constitution has no value, they do provide some indication of what supposed to happen and who are ruled by the Constitutions, but I seriously think that British don?t really need a Codified Constitution since it has a very good stability hence no one?s who has ever complained about the UK, hence although it is not codified, the Acts of parliament, Common Law, Human Rights Acts 1998 they do fill the in the gaps and so on to the future?..Britain is unique in its own way, let?s not destroy it for the younger generations? Therefore I would like to agree with the statement of V Bogdanor and S Vogenauer; Enacting a British Constitution: some problems?, 2008. ...read more.

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