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What are the arguments for and against the U.K.having a codified constitution?

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  • Essay length: 896 words
  • Submitted: 04/11/2003
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University Degree Public Law

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What are the arguments for and against the U.K. having a codified constitution?

The question as to whether the uncodified constitutional-like principles we have in this country today should be replaced with a codified constitution such as that of America, for example, has long been debated.

Supporters of the implementation of a codified constitution base their arguments on the idea that the British Government is too powerful, and that there is a need for this power to be dispersed, mainly in order to restore Parliament to its former independence. This idea has been backed by the Conservative Lord Hailsham, who described the UK as an 'elective dictatorship' in that once a government is elected, it may exert its power without any real limits, due to its ability to dictate to its own House of Commons majority.

Those who favour this theory believe that the solution lies in reducing the power of the executive, including weakening prime ministerial patronage and removing his/her power to dissolve power and call elections (a tactic used twice by John Major to force through controversial European legislation).

Opponents of this theory argue that a key part of the British Government is its

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