There is no convincing case for a written constitution in Britain. Discuss

Authors Avatar

“There is no convincing case for a written constitution in Britain.” Discuss

The statement that ‘there is no convincing case for a written constitution’ appears to be relatively incorrect in nature, as when in regard to the constitution there are many pros and cons surrounding each of the alternatives to what is currently in place. Using Britain as an example of an unwritten constitution, I hope to establish what is wrong with it currently, and how it could be improved if a written system was used, in the eyes of the electorate and benefit for the nation. Ultimately concluding on whether the negative or positive factors balance or outweigh each other in providing the foundations for a ‘convincing case’ in favour of a written constitution.

        An unwritten or uncodified constitution is that which is in no single referable format, an unwritten constitution is comprised of the body of the constituent country’s law. Enacted over time, coupled with an emphasis on political precedent and enshrined parliamentary procedure to create a framework in which a limited government operates. Although these principles are not codified in a single law, they are still recognized by courts, legislators, and executives as binding upon government, limiting its powers. Thus, a court might cite ‘the constitution’ in forbidding an exercise of power, even though no document exists.

        A written or codified constitution is a formal, written document in which law is entrenched; a formal document delineates the powers of Government and the limits thereof. Therefore a codified constitution undermines the sovereignty of Government as solely sovereignty resides within it and the legislative processors. Codified constitutions are often formed in the foundations of a society, for example the U.S, yet it is possible for them to replace systems through revolutionary processes, overturning the current Government. It is very unlikely for a democratic Government, using an unwritten constitution, to in essence distribute many of its powers to the constitution, without severe pressure.

Join now!

        From the two definitions above it is easy to see that the two conflicting methods of Governmental foundation provide fuel to a fiery debate in which each system is embellished and debased on a variety of discerning factors. A source from scribd.com claims on the subject of Britain and its current constitutional system, ‘The lack of a codified constitution is not the problem, accursed democracy is the problem.’ This bares some truth, as it is arguable that each system bares so many negative externalities as the executive is always seeking to exploit any gaps or inconsistencies in a system. It ...

This is a preview of the whole essay