Codification

Question 1

Define codification

Answer 1

Codification is the process of setting out a constitution in an organised way in a single document.

Question 2

What type of legal system does a codified constitution establish?

Answer 2

Two-tier legal system, resulting in two levels of law - higher (regarding constitutional arrangements) and ordinary (regarding relations between citizens and criminality.

Question 3

Define an uncodified constitution

Answer 3

A set of constitutional rules that exist, but aren’t contained in a single document. Thus the rules don’t have one single source. It also implies that constitutional rules aren’t entrenched or safeguarded and therefore can be changed by Parliament.

Question 4

What type of legal system does the UK have under an uncodified constitution?

Answer 4

A single tier system, Britain makes no distinction between constitutional and ordinary laws.

Question 5

What parts of the British constitution are codified?

Answer 5

The European Convention on Human Rights is part of British law and the treaties of the EU are codified documents that describe the relationship between Britain and the EU.

Question 6

What does entrenchment do?

Answer 6

Entrenchment protects a constitution from short-term amendment - e.g. a dictatorial government seeking to gain additional powers - which is important due to the fundamental and significant difference a constitutional change can make to the political system.

Question 7

What is an advantage of a codified constitution regarding accessibility?

Answer 7

Codification allows constitutions to be accessible to all and clarify the nature of the political system to citizens, especially after changes such as devolution and House of Lords reform

Question 8

What type of legal system would a codified constitution establish?

Answer 8

A two-tier legal system, meaning constitutional laws would be more clearly identified.

Question 9

What would a codified constitution do to the process of judicial review?

Answer 9

It would be more precise and transparent.

Question 10

What do liberals argue as an advantage for codified constitution?

Answer 10

It would have the effect of better safeguarding citizens’ rights, since the European Convention on Human Rights (passed by HRA in 1998) is weak as it can be overridden by Parliament.

Question 11

What would a codified constitution prevent?

Answer 11

A further drift towards excessive executive power

Question 12

What would a codified constitution clarify?

Answer 12

The UK’s relationship with the EU, as the European Convention on HR is part of UK law, but its terms aren’t determined in the UK. If a codified constitution were introduced it would include a statement of rights in the UK, which could be domestically controlled.

Question 13

What would a codified constitution bring the UK in line with?

Answer 13

Most other modern democracies

Question 14

What are easier to solve under a codified constitution?

Answer 14

Constitutional disputes

Question 15

What is a disadvantage of a codified constitution regarding constitutional changes?

Answer 15

Uncodified constitutions are flexible and can easily adapt to changing circumstances, such as a changing political climate. Whereas codification means that constitutional changes would be difficult and time consuming.

Question 16

What do Conservatives argue regarding codifying the constitution?

Answer 16

Simply unnecessary, the UK has enjoyed a stable political system without a codified constitution. There have been no violent revolutions and no major political unrest. Codification would be difficult and the meagre benefits aren’t worth the costs, ‘if it ain’t broke, don’t fix it.’

Question 17

Why would it be difficult to codify the UK constitution?

Answer 17

The UK operates under a large number of unwritten conventions, especially in relation to the monarchy and prerogative powers, it would be very difficult to transfer them into written form.

Question 18

What do the lack of constitutional constraints allow the executive government to do?

Answer 18

Allows executive government to be strong and decisive. It’s argued that after the 9/11 attacks, an entrenched and codified constitution would have made it extremely difficult to pass a wide range of anti-terrorist measures due to the constitutional restraints.

Question 19

Who would a codified constitution involve in politics?

Answer 19

Unelected judges, as the courts would become involved in disputes over the constitutions precise meaning and application.

Question 20

Why isn’t it possible to entrench constitutional principles?

Answer 20

Parliament is sovereign, therefore each Parliament isn’t bound by its predecessors or can bind their successors.

Question 21

What does the inability to entrench constitutional principles mean for the constitution?

Answer 21

Every new Parliament is able to amend the constitution as it wishes, as all that’s needed is a Parliamentary statute and that can be done in as little as two days.
Also the government normally dominates Parliament, using its majority in the Commons and the mandate of the people granted in elections, hence a dominant government can effectively control the constitution, although many argue this kind of flexibility is an advantage of the UK constitution.

Question 22

What’s an example of executive power?

Answer 22

Human Rights Act was passed in 1998, incorporating the European Convention on Human Rights into British law and became binding on all political bodies other than Parliament - no special procedures were needed.

Question 23

What is becoming common practice when proposing constitutional changes?

Answer 23

Referendums e.g. devolution to Scotland and Wales in 1997, introduction of elected mayors in London and approving the Good Friday Agreement in Northern Ireland in 1998. Also proposed to approve the transfer of sovereignty from the UK to the EU and Scottish independence.

Question 24

What is inconceivable for changes made by referendum?

Answer 24

For such changes to be reversed without a referendum, Labour promised referendums on electoral reform and reform of the House of Lords in their 2010 election campaign.