Should Britain Have A Codified Constitution Essay

Should Britain Have A Codified Constitution Essay-64
Traditionalists argue that parliament is legislatively able to judge or deal with all matters, without any consultation from any branches of the government, so parliament being the supreme authority is the finest thing in the British Constitution.

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Opponents of an uncodified constitution argue that United Kingdom lacks a formal codified document, in other words there is no single document with a special legal status which comprehends of all the principal and rules regarding the goals of the country.

If we refer to the first definition mentioned above, it is clear that UK does not possess a constitution, as British Constitution lacks a single formal constitutional document.

Although, United Kingdom does, however have a constitution, as seen from the second definition as above, clearly stating ‘collection of rules’ governed by the institutions.

Perhaps in a codified constitution, law becomes more definite.

Parliament can pass or repeal any law that it chooses which can sometimes act as an advantage or a disadvantage in the British Constitution.

There is no legal restraint on the legislation, which brings into light the parliamentary sovereignty that exists in the British political system.Many assume that having an uncodified constitution is better than having a codified constitution and visa a versa.There is a large disagreement on whether existing United Kingdom arrangements are desirable, or whether a codified constitution of some kind should be adopted.Change is very difficult or unlikely in a rigid constitution or written constitution.It is difficult to alter any law to keep up with the fluctuations that transpire in society every day.It would also create less misunderstanding about the significance of constitutional rules and also greater certainty then can be enforced.This is the argument for ambiguity which is a weakness of the constitution.The on-going debate about the British Constitution that whether it should be codified or uncodfied has made people perplexed.Currently, United Kingdom has an uncodified constitution; only parts of which are entrenched.Although in this situation government is trying to protect individuals from terror, but it does not justify encroaching unnecessarily on individual rights and freedom.Therefore, if the objective of passing a law is to safeguard individual rights and liberties and the avenue to achieve these objectives are the same that affect individual rights and liberties, then the question that should be asked here is-whether we have chosen the wrong means?


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