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Should the UK constitution remain uncodified?

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Introduction

´╗┐Should the UK constitution remain uncodified? The UK operates under an uncodified constitution. A constitution is a set of rules that seek to establish the duties, powers and functions of the various institutions of the government, and define the relationship between the state and the individual. There are many types of constitutions, constitutions can be codified or uncodified, unitary or federal and seen as rigid or flexible. The UK would be an example of an uncodified constitution whereas in America, the constitution is codified. There are several arguments for and against having the constitution remain in an uncodified state, some of those are: rigidity, judicial tyranny, legalism, clear rules, limited government, neutral interpretation, education, protecting rights and political bias, yet we will only focus on some of them, but before that, we need to define what an uncodified constitution is. An uncodified constitution is a constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution. ...read more.

Middle

A codified constitution would also allow for neutral interpretation. A codified constitution would be policed by senior judges. This makes sure that the provisions of the constitution are properly upheld by other public bodies. Judges act as neutral and impartial constitutional arbiters, as if they are above politics. A Codified constitution also has educational value. A codified constitution highlights the central values and overall goals of the political system. This strengthens citizenship as it creates a political identity which is very important in a multicultural society. individuals liberty be more protected by a codified constitution because it would define the relationship between the nation and citizens. Rights would be more clearly defined and they would be easier to enforce than the current uncodified constitution that UK possesses. The bill of rights is a good example of this. A bill of rights is a document that specifies the rights and freedoms of the individual, and so defines the legal extent of civil liberty. ...read more.

Conclusion

Under a codified constitution judges would be the people policing the constitution. A codified constitution would be interpreted in a way that is not subject to public accountability. Another point that is usually spoken against a codified constitution is that Parliamentary sovereignty would be abolished. The principle of parliamentary sovereignty states that parliament can make unmake and amend any laws. With a codified constitution this would not be possible due to the existence of the constitution and potentially a bill of rights. The reason behind this, is because a codified constitution would act as a form of higher law. This would stand against against representative democracy. In conclusion, by looking at some of the points for and against a codified constitution, I would say that neither of the choices are right and none of them are wrong, its about what points are the most important to each individual. Personally I would prefer a codified constitution, as I place a big value on the Bill of rights, and individual liberty would be more securely protected in a codified constitution, rights would be clearly more defined. ...read more.

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