Another source of the British constitution is works of authority. This is academic literature that is influential on British politics. They then become a part of the uncodified constitution. AV Dicey and William Bagehot are prime examples for works of authority. Although the constitution is not written down in one single document, works of authority allow for an insight into certain parts of the constitution dating back to the Magna Carta 1215. The USA has a codified constitution in which their entire constitution is written in one document.
The case for Britain remaining uncodified is strong, do you agree?
Britain has an uncodified constitution which means it is not written in one single document, this also makes the constitution flexible and unentrenched. An uncodified constitution is where it is all written in one document (like the USA).
An uncodified constitution is flexible which makes it easy to amend. This is how legislation can keep on top of a growing modern society to allow archaic legislation to be removed and new law relating to modern technology to be introduced. Legislation such as the Freedom of Information Act of 2000 was easily introduced as well as giving devolved powers to Scotland, Wales and Northern Ireland. Our constitution has been uncodified for centuries without question on its ability of its ability to work well, therefore we have has no problems with this flexible constitution and should not be changed without clear conviction as to why it isn’t working. An uncodified constitution allowed for the Human Rights Act of 1998 to be passed easily which protects our human rights as we grow in a society to allow for more rights to be added easily.
Alternatively, the USA has an uncodified constitution and it allows the public to be more aware of their constitution in one singular document and therefore their rights. Any one in American can obtain and learn their constitutional rights. In a state of emergency, the constitution is clearly lined out in America as to what happens in a crisis. In a codified constitution it is unclear as to the protocol in a state of emergency as it is not written down so there is no document to refer to in the crisis. An uncodified constitution allows for stability and known rights.
Britain does have a strong case for remaining uncodified as the USA is struggling to amend the right to bear arms which is leading to more problems than it solves. In the UK, we could easily remove that legislation and re-write it or put in new legislation. That is why Britain should remain codified to keep up with new technology and a changing society to allow archaic laws to be removed to stay in tuned to societies changing ethics. In the 21st century, having one set of rules to abide to and not being able to amend or change them is not helpful to a society – it limits their ability to change and adapt to what is becoming more acceptable or less acceptable.
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thekatyofkingsgmailcom (student)
