Advantages and Disadvantages Flashcards
1
Q
Advantages of Uncodified
A
- Unentrenched = no special procedures, flexible, laws not out of date, good for emergencies (social pressure)
- Conventions = easier to apply to unprecedented situations (e.g. principle established since 2003 Iraq War and parliamentary votes that except in an emergency the government can not order military action without the approval of parliament)
- Values of constitution should reflect those of society (gay marriage legalisation 2011, HoL reform 1997)
- Can add judicial decisions (common law), works of authority (e.g. Erskine May’s Parliamentary Practice in 1844 is constantly updated to explain rules of parliament life)
2
Q
Disadvantages of Uncodified
A
- Some rights may not be protected (can be overruled) (for example judges have the power to decide whether they think laws should be changed)
- Too dependent on conventions, open to misinterpretation, might take advantage (J) - judges said it was wrong for J to stop MPs from doing their duty of holding government to account in the run up to Brexit
- Judges have more influence over interpretation
- Not accessible to public = no relationship (democratic?)
3
Q
Advantages of Codified
A
- Legislation clearer = prevents misinterpretations (J), clearly defines relationship between state and citizens
- Public access = relationship (also means no excuse of criminals)
- Seperates powers = limits concentrated power (ends parliamentary sovereignity) (e.g. Trump accused of pressuring Ukraine to dig up damaging information on one of his main Democratic challengers for the presidency in 2020, Joe Biden, and his son Hunter)
- Procedures good as ensures changes supported by super majority (democratic, representative) (gay marriage legalisation in USA 2013)
- Entrenched = protects rights securely
4
Q
Disadvantages of Codified
A
- Less flexible = bad for emergency & harder to adapt, out of date values
- Not practical for constantly changing society & takes time to change
- Limits potential for politicians to make signficant changes
- Political paralysis = outweighs long process (civil rights in America took longer to achieve than it should)
(importance of sitatution not considered, all potential amendments must be treated the same as they need to follow the procedures written in constitution)
