1.4.2 Does the UK need a codified constitution?

Question 1

Why do critics say we should have a codified constitution?

Answer 1

1. In 1976 Lord Hailsham warned that the UK was at risk of becoming an ‘elected dictatorship’
2. Few constraints on the influence of the government. Investigatory Powers Act 2016 This sets out rules on the use of investigatory powers by law enforcement and the security and intelligence agencies. Under the act, phone companies and internet service providers are required to keep copies of users’ emails and browsing histories for a period of time.
3. Extended the power of gov by limiting civil liberties.
4. Is currently being amended. IPA.

Question 2

What would change if we had a codified constitution?

Answer 2

1. Clarify the relationship between the UK and its constituent parts and determine the exact location of sovereignty.
2. Shown in the Gina Miller case 2017 when there was doubt about whether Theresa May could take the UK out of the EU without consulting P.
3. Gina Miller v BJ proroguing Parliament in 2019. 24 September 2019 was ruled unlawful by Supreme Court.

Question 3

How can PMs use the fact that we have an uncodified constitution to their advantage?

Answer 3

1. In 1999, Blair removed all but 92 of the hereditary peers. This benefited him as it removed the inbuilt Conservative majority.
2. Some say David C only put up the EU referendum to reduce UKIP support, who got over 3.8 million votes 12.9%.
3. If we had a codified constitution DC could not have gambled with the constitution for political advantage.

Question 4

How does having an uncodified constitution create flexibility?

Answer 4

1. Can quickly react to crises and emergencies, helps collective rights be protected.
2. If these Acts of Parliament are unpopular they can be repealed by the next government.
3. For example, in 2024 the L gov scrapped the Safety of Rwanda Act (23 April 2024).

Question 5

Brexit and the constitution:

Answer 5

1. Would’ve provided more clarity over whether or not the exec and legis had the responsibility of us leaving the EU.
2. Having a codified constitution would’ve quickly determined if BJ could prorogue P when he failed to enact his withdrawal bill.
3. However, in both cases the SC has able to reach a judgement.
4. Parliament was able to respond to the referendum result by enacting legislation to withdraw, flexible because parliamentary statute is supreme.

Question 6

Responsive to the changing nature of society:

Answer 6

1. In the 1960s, Parliament could legislate to legalise same-sex relationships, abortion and abolish capital punishment.
2. All of this was done without the need for long constitutional procedure.
3. Marriage (Same Sex Couples) Act 2013
4. Also, the Equality Act 2010 prohibits discrimination against transgender children in all schools. T

Question 7

Fossilised constitution:

Answer 7

1. In the USA, the 12th Amendment (using the electoral college to elect the president) was strongly criticised as unsuitable given how the demography of the USA has developed.
2. Also, the 2nd A ‘right of the people to keep and bear arms’ can only be changed by another constitutional amendment.

Question 8

Tension between collective and individual rights:

Answer 8

1. When a state is threatened by external violence they may chose to sacrifice i for c.
2. 7 July suicide bomber blew up a London bus and 13 passengers died.
3. On the same day, there were 3 other coordinated attacks on the Underground.
4. A total of 52 people were murdered.

Question 9

Geoff Hoon’s take on the tension between collective and individual rights:

Answer 9

1. Secretary of state for defence during the 2003 Iraq War.
2. Said in 2008, the ‘biggest civil liberty of all is not to be killed by a terrorist’.
3. Says that terrorist threats justifies increasing Gov power to combat terrorism and extremism.

Question 10

Serious Organised Crime and Police Act 2005:

Answer 10

Right to protest outside Parliament has been severely restricted. Denies an essential civil liberty to protest their grievances.

Question 11

Counter-Terrorism and Security Act 2015:

Answer 11

1. Requires all universities and schools to monitor debate and deny a platform to speakers who could encourage radicalisation.
2. Infringement of freedom of speech.

Question 12

Investigatory Powers Act 2016:

Answer 12

Gives intelligence services the power to carry out electronic surveillance on private individuals.

Question 13

Police, Crime, Sentencing and Courts Act 2022:

Answer 13

1. Allows the home secretary to ban ‘unacceptable’ protests.
2. Provides the police with greater control over how a demonstration is orchestrated.
3. Statutory offence of up to 10 years in prison for creating ‘a public nuisance’ during a protest

Question 14

The Elections Act 2022:

Answer 14

1. Photo ID will now be required when voting in general and local elections and referendums.
2. Discourage fraud in elections.
3. More politically advantageous since younger more L inclined voters are less likely than Older C voters to have the necessary ID.

Question 15

Arguments in favour of the UK having a codified constitution?

Answer 15

1. Represent a higher constitutional law, entrench civil liberties and protect from an arbitrary gov.
2. HRA 1998, does not do this. It is an AoP so P can suspend its provisions or repeal it.
3. The authority of the SC would be enhanced, can quash anything deemed to be ‘unconstitutional’.
4. Clarify the relationship between the 3 branches.
5. The rights of minorities could be recognised.

Question 16

Arguments against the UK having a codified constitution?

Answer 16

1. Flexible.
2. More democratic. Power with elected people, instead of judges.
3. Civil rights are protected by the HRA AND equality Act. Judiciary has used both of these acts to protect civil liberties.
4. A codified constitution cannot keep up with societal changes.
5. The ambiguity has been an advantage for changing the relationship between E, S, W and NI devolution. More difficult with a cc.