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Should the UK codify its Constitution or not?

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´╗┐Robbie Wendin 3.3, RKM Should the UK?s constitution remain uncodified? Use relevant examples to support your points. The word ?constitution? is defined by Oxford as ?a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed?. In essence it sets out the framework and principals that government within the state have to adhere too. In most states the document, the constitution acts as a higher form of law in the sense that other, statute laws must conform to it. It is the most authoritive law in the land. The constitution imposes limits on what may be done by ordinary legislation and the judiciary can govern want is accepted and what breaks laws. The UK has an un-codified constitute, or in other words, it is not found in one single written document, like in the USA. In fact, ours derives from a number of sources, some are written and others are universally accepted, such as Judges in a court case that has not covered before, the Judge will create a law based from the outcome and that will be the accepted practice. ...read more.


Another significan factor is the general public appectence of our un-codified constitution. Although some may argue that not everyone knows their specific rights due to the complexity of the constitution, people still seem to be content therefore there is little demand for major reform in the rights area of the argument. This follows the Conservative argument, ?If it aint broke don?t fix it?. This is a major disadvantage therefore of the UK?s unwritten constitution is that in the absence of any higher form of law it is virtually impossible to ensure that the rights of minorities in public life are protected against the power of the Parliament. The government has centralised power, where it gives out the power to smaller areas. Moreover, the absence of a written constitution means that there is no special procedure prescribed for legislation and constitutional importance. With no written constitution in practice the British constitution depends far less on legal rules and safeguards and relies much more upon political and democratic principles. ...read more.


This ability to have gradual evolution is one of the major contributions to the political and social stability of the United Kingdom. But the adoption of a written constitution is not necessarily to destroy this flexibility altogether. A written constitution cannot contain all the detailed rules that government depends and accordingly a written constitution usually evolves a wide variety of rules and understood practices, which meet the changing conditions. These rules and practices will usually be more easily changed than the constitution itself and their constant evolution will reduce the need for amendment of the written constitution, these laws are called statute laws. Though that is already happening in the UK, where the constitution is ever evolving to meet the needs of the citizens and, now, with the UK being part of European Union there is some limitation on Parliament's Sovereignty. Therefore it may well be the case that a written constitution for the United Kingdom would preserve the best of the existing constitutional practices and would remove the major defects. But, in spite of the defects, so long as the present constitution is adhered too and no government abuses the system, the UK does not need to codify. ...read more.

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