8.4b Should the Constitution be Codified

Question 1

Arguments for codified

Answer 1

The arguments for a codified constitution include protecting human rights, checks on government power and that there would be more clarity for citizens.

A codified constitution provides a stronger protection of human rights.

The 1998 Human Rights Act, which adopted the European Convention on Human Rights, is an example of human rights being codified to an extent, however, it still remains weak as parliament can override the act.

Question 2

For codified: checks & clarity

Answer 2

A written constitution is far more clear than an unwritten constitution. A codified constitution would improve understanding and public awareness of the constitution in the UK.

A codified constitution would ensure that written checks and balances would be in place to limit the power of the executive.

Under a codified constitution, parliament would have clear powers to control the executive.

Question 3

Arguments for uncodified

Answer 3

The arguments for an uncodified constitution include that it allows for a strong government, it is flexible, a codified constitution could politicise the judiciary and it is not necessary to be changed.

An uncodified constitution allows for a strong government that can carry out actions and deal with issues decisively.

Written constitutions can limit any effective government action because of the preventions it puts in place.

Question 4

For uncodified: difficult process

Answer 4

Changing to a written constitution would be a difficult process and is not necessary as it has served without major problems in the UK for many years.

The UK has many unwritten conventions, such as prerogative powers, which would require writing down into any codified constitution.

Question 5

Flexible & politicising judiciary

Answer 5

A written constitution could lead to the Supreme Court dealing with disputes over the meaning of the constitution, as is the case in the USA.

This would mean the court would become involved in political issues despite not being elected.

An uncodified constitution is flexible and can adapt more easily to changes in society than a codified constitution.

Following the 2010 general election, an uncodified constitution meant it was easy to develop a new set of principles so that a coalition government could be formed.