Codification

Question 1

Essay structure

Answer 1

1. Rights are clear - However, evolutionary change better
2. Constitutional reforms politically motivated - However, Parliament better check than a text
3. Judges given more authority - However, too much power would be granted

Question 2

Rights clearer in a codified constitution (1)

Answer 2

Greater entrenchment of civil liberties
HRA is falling short of protecting rights, needs to be replaced by Bill of Rights
Not enough restrictions on legislation

Question 3

Evolutionary change better for rights (1)

Answer 3

Legislation is made in accordance to changing circumstances like 2006 Terrorism Act
Rights protected under HRA 1998 and Equality Act 2010
Codified constitutions run the risk of becoming like the US

Question 4

Constitutional reforms are politically motivated (2)

Answer 4

Blair tried to abolish House of Lords, and followed by Starmer
EVEL introduced by Cameron to encourage conservatives legislation in England
Prorogation of Parliament by Johnson

Question 5

Parliament is better check than a constitutional text (2)

Answer 5

Parliament is sovereign body through convention already
Right to check executive through PMQs and liaison committee
Parliament shouldn’t be relegated under a constitutional text

Question 6

Judges given more authority over rulings (3)

Answer 6

Judges are independent

DOIs are not adequate - Smith v Scott case over blanket ban on prisoner voting

Question 7

Too much power granted to judiciary (3)

Answer 7

Tyranny of unelected judiciary
Politicisation like in US
Have enough power already, ruling on Belmarsh Prison