The British Constitution is no longer fit for purpose. Discuss.

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The British constitution is no longer fit for purpose?

A constitution comprises the laws, rules and customs that establish the organs of a state, such as the government legislature and courts, the relationship between those organs, and the relationship between them and the people. The UK is distinctive and unique due to its constitution being uncodified (unwritten) in a single document, many argue that although it has held as in good stead for many centuries it is no longer fit for purpose in the 21st century.

There has been a strong case presented for the constitution, and that it is carrying its purpose effectively. Due to its uncodified flexible nature Parliament can amend or create any laws. This is because uncodified constitutional laws are not entrenched, making the basic provisions of the UK constitution as ease to change as any other law, so it can keep up with the changing time and the changing Britain. This is best shown at the time of the Dunblane junior school massacre in Scotland where many people died due to gun violence where 14 students died and 1 teacher, however parliament at that time responded quickly was able to change constitutional law on guns banning them. Unlike the USA’s codified constitution, where there was a mass shooting in San Bernardino, California in 2015 where there too were many people killed, however to change the 2nd amendment in the US constitution would require 2/3 of both houses of congress and support of 50 states making it very inflexible and hard to change, thus showing that our constitution is fit for purpose.

Another example of the UK’s constitutions being very flexible, is that it can also mean government can perform a better job. This is because it allows the UK’s government to be more stable and more accountable by creating constitutional acts that will aid the government, such as the Fixed-term parliament Act 2011 under the hung government which states in section 1 that the government can only hold general elections every 5 years thus meaning that the coalition government must stay the full five years creating stability, and in section 2 it says that 2/3 of the house must vote for a vote of no confidence to remove the recent one, also adding to the stability and accountability of the government. Unlike USA’s codified constitution which causes gridlock to create laws, thus showing that UKs constitution can adapt to any circumstance.
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Uncodified constitutions do not give as much power to judges in the Supreme Court as codified constitutions. Codified constitutions give too much power to the unelected and unaccountable judges. As we know codified constitutional law is superior to statute law, creating the need for a supreme court to check if and when the constitution has been breached. In countries like the USA, the Supreme Court can declare acts of the congress unconstitutional and are able to strike it down, giving immense power to the nine judges nominated for life by the president. In the UK judges can only ...

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