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Discuss the case for both for and against the UK continuing with its unwritten Constitution.

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´╗┐Sophie Sutherland Politics essay Discuss the case for both for and against the UK continuing with its unwritten Constitution. ________________ Britain currently has an un-codified constitution where parliament obtains sovereignty. The constitution itself contains a set of rules and principles that determine the relationship between the government and the governed, as well as the different branches of the government. However, British constitution is unique due to it being un-codified which means the constitution is not entrenched in one document but located in numerous sources, this can be seen as both an advantage and a disadvantage. A positive of the British un-codified constitution, is the flexibility it enables. Due to its ability to easily amend or change the constitution support social, political and economic conditions. This is seen as an advantage as the process to amend/change is significantly easier; less time consuming compared to a codified constitution and enable parliament to produce laws efficiently in relation to the current situation. In effect the unwritten constitution is ever evolving in order to obtain and satisfy the needs and wants of nation. ...read more.


This enables parliament to make, undo or amend any laws it wishes. If a codified constitution was in place it would effectively be abolished, as it would act as a higher form of law. Therefore, undermining key principles of the UK?s representative democracy, which weakens the relationship between people and the representative government and parliament. Another advantage of an un-codified constitution is the prevention of an overpowered judiciary. An overpowered judiciary could be seen as an unfavourable decision as the judges are unelected and unrepresentative which in itself is undemocratic. This would lead to the formation of a constitutional court in which judges will adopt a role and obtain sovereignty over parliament; whom has been elected. Therefore, the British political system would lean to a dictatorship state more than democracy. This would not only weaken the relationship between the people and the parliament as representation would be dramatically affected but participation of electing political parties to run the government as the constitution court; whom are not elective representatives, could over ride our representatives. ...read more.


Although entrenchment of human rights within a codified constitution would not make a practical difference to the current situation, however, it would ensure that human rights are safe guarded by a legal document that would be difficult to amend-giving people more security. In conclusion the problems in which an un-codified constitution faces could be overcome via a codified constitution. It could also be argued that it would be in the interests of the people to adopt a codified constitution as it would protect their rights. However, it would make a detrimental effect to Britain?s democracy as there would be unelected representation. Although the actual formation of an uncodified constitution would be extremely difficult as there would be dispute on what should be written as each political party would have their own perspective and it would have to be agreed. It would also stop parliament from changing legislation and laws to a certain extent therefore what is written would need to apply for future generations too. Even though there are reasonable arguments for and against Britain?s un-codified constitution, it begs the question why attempt to fix something that is not broken; as the un-codified constitution simply works for Britain. ...read more.

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